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Fill and Sign the Revocation of Premarital or Prenuptial Agreement South Dakota Form

Fill and Sign the Revocation of Premarital or Prenuptial Agreement South Dakota Form

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AGREED REVOCATION OF PREMARITAL AGREEMENT THIS AGREEMENT, made this _____ day of ______________ , 20 ____ , between ______________________________ (“Wife") and ____________________________ , ("Husband"), both herein referred to as “Parties”. WHEREAS, the Parties entered into a premarital agreement on the       day of       ,       ; and WHEREAS, the Parties married on the       day of       ,       ; and WHEREAS, the Parties desire to revoke the premarital agreement. NOW, THEREFORE, in consideration of the parties and of their mutual promises and agreements, they agree one with the other as follows: (1) The premarital agreement entered into between the Parties and referenced above is hereby revoked and cancelled for all purposes. The Parties rights and obligations shall be governed by the laws of the State of South Dakota and any other agreements the Parties may enter into. (2) This agreement shall be controlled, construed and given effect by and under the laws of the State of South Dakota. It is the intent of the parties that the Agreement be enforced to the fullest extent permissible under applicable laws and public policies. (3) No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all parties. (4) This Agreement shall be binding upon the parties hereto and upon their respective executors, administrators, legal representatives, successors, and assigns. (5) This agreement may only be amended or revoked by written amendment signed by both parties. (6) Each party further agrees and affirms as follows: (a) That the party did execute the agreement voluntarily; and - 1 - (b) That this agreement is not unconscionable when it was executed; and The parties hereby execute this agreement in several counterparts, any executed copy of which shall be considered for all purposes as an original, on the day and year above written. ____________________________ HUSBAND _____________________________ WIFE Approved: Attorney for First Party: ___________________________________ Attorney for Second Party: _________________________________ Note: This agreement must be executed before a notary public. STATE OF       COUNTY OF       On this       day of       , in the year       , before me personally appeared       , known to me (or proved to me on the oath of       ) to be the person who is described in, and who executed the within instrument and acknowledged to me that       (he/she) executed the same. ___________________________________ Notary Public, State of       Printed Name:       Commission Expires:       STATE OF       COUNTY OF       On this       day of       , in the year       , before me personally appeared       , known to me (or proved to me on the oath of       ) to be - 2 - the person who is described in, and who executed the within instrument and acknowledged to me that       (he/she) executed the same. ___________________________________ Notary Public, State of       Printed Name:       Commission Expires:       - 3 -

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