Fill and Sign the Whereas the Parties Now Desire to Enter into This Agreement to Clarify and Establish Form

- 1 - POSTNUPTIAL AGREEMENT READ BEFORE SIGNING: IMPORTANT NOTICE: EACH PARTY TO THIS AGREEMENT AGREES THAT THEY HAVE HAD AN OPPORTUNITY TO CONSULT WITH AN ATTORNEY OF THEIR CHOICE LICENSED TO PRACTICE LAW IN THEIR STATE OF RESIDENCE (NOT THE SAME ATTORNEY) AND THAT THEY HAVE FULLY READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT. EACH PARTY FURTHER AGREES THAT THEY ARE NOT ACTING UNDER DURESS OR UNDUE INFLUENCE IN EXECUTING THIS AGREEMENT AND THAT EXECUTION OF SAME IS DONE FREELY AND VOLUNTARILY. THIS AGREEMENT, made this ____ day of ________________, 2____, between ___________________________ (Name), of ______________________________ (Address), _____________ (State) ("first party or Wife"), and _____________________ (Name), of ____________________________ (Address), _____________ (State) ("second party or Husband"), W I T N E S S E T H WHEREAS, Wife and Husband are now married, having been married on the day of , 2 , in County, ; WHEREAS, the parties now desire to enter into this agreement to clarify and establish their respective and collective rights, titles and interests in the separate and joint property of the parties, in the event of divorce, death or other circumstances that would serve to terminate their marriage, but without the present intent of either party to obtain a divorce or a legal separation; and WHEREAS, by execution of this agreement, the parties warrant and represent that they have fully disclosed their financial status, including all assets, liabilities, and income, as listed in the financial statement disclosures, attached as Exhibits A and B; and WHEREAS, the parties agree that this agreement is to be effective upon execution in accordance with the applicable laws of the State of Indiana; and NOW, THEREFORE, in consideration of the mutual promises, covenants, warranties and other benefits and advantages accruing to each party, the parties agree as set forth above and below as follows: SECTION 1 SEPARATE PROPERTY Each of the parties shall retain full control of his or her own separate property, real, personal and mixed owned at the time of execution of this agreement and described in Exhibits A
And b. The title to, if any, all real, personal and mixed real and personalty of husband shall continue, as provided in Indiana code § 35-40-7 and 35-7-9, as if the parties were in the same marriage legal relationship. A copy of the executed agreement, signed by the parties and witnessed by a notary public, shall be sent to the probate court of the county of : a . Name of county or counties: (state). B . City, parish and city and town: (state). C . Date: (state) . D . Attachment a: (state) . Attachment b: (state) . Second party property third party property title to and possession of all real or personal property of husband (unless there is another party with equal or greater rights/interest). All other property owned by either party; (unless there is another party with equal or greater rights/interest). Sec. 2 second party property: (i) a. Name(s) with whom husband (if married) has ever owned property; (ii) a. Address(BS) where such property has been delivered or made available to one party by or through any of: • spouse, • brother or sister, • son or daughter, • father or mother, • uncle or aunt, • stepchild, • grandchild, or • other person who has rights or interest in such property or such delivery or making is required as a condition of a legal separation or divorce. (b) where the prior owners of such property and such delivery or making were not married to the parties at the time of delivery or making; or (c) where the prior owners of that property or such delivery or making were married to the parties at the time of delivery or making; provided, however, that the parties are: (1) a husband and wife and the family as provided in paragraph an of subsection or (1) above and provided that such prior owners owned the joint property of the parties; (2) husband and wife and the family as provided in subsection an of this section, provided that such prior owners owned the joint property of the parties. (ii) the parties' jointly owned and regularly received household equipment, furnishings, appliances and fixtures. (iii) all real property or easements owned by husband