Fillable Printable Postnuptial Agreement - New Jersey

Postnuptial Agreement - New Jersey

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Comprehensive postnuptial property agreement.

POSTNUPTIAL AGREEMENT

BETWEEN

Patty Plaintiff

— and —

Danny Defendant

Dated:

W I T N E S S E T H:

This agreement is made in the City of East Brunswick, County

of Middlesex, State of New Jersey, between Danny Defendant, and

Patty Plaintiff, who have been husband and wife since the date of

their marriage on January 1, 2000. The above-named parties reside

at 10 Maple Street, East Brunswick, NJ.

This agreement is made for the purpose of clarifying and

establishing their respective property interests, without the

intent of either party to obtain a divorce or legal separation.

W I T N E S S E T H

Whereas, each of the parties had been employed prior to

their marriage and had accumulated separate assets, and

Whereas, each of the parties has continued to manage his or

her separate assets, and

Whereas, the parties have accumulated property in their own

names and jointly since their marriage, and

Whereas, the parties agree that it would be appropriate for

them to enter into an agreement identifying their separated

property and fixing their respective rights and interests in that

property and in their joint and marital property, the parties

have entered into this Agreement.

Whereas, the parties agree that it would be appropriate for

them to enter into an agreement identifying their separated

property and fixing their respective rights and interests in that

property and in their joint and marital property, the parties

have entered into this Agreement.

At the time this Agreement is made, the parties are living

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together harmoniously and intent to continue to do so. Neither

has consulted with an attorney regarding any possible dissolution

of the marriage.

ARTICLE ONE

CONSULTATION WITH COUNSEL

Each of the parties has made full disclosure of the nature,

extent and value of their assets and income, as appear on

Exhibits A and B attached to this Agreement.

Each of the parties has been represented by counsel of their

own choosing in connection with the negotiation and preparation

of this Agreement and satisfied that their respective rights and

interests have been fully explained to them by their counsel

separately, and, in addition, together, at the time of the

execution of this Agreement. Notwithstanding this separate

representation, the parties bargained with each other as persons

in confidential relations and agree that they are bound by the

rules governing such dealings.

ARTICLE TWO

NO CONFIDENTIAL RELATIONSHIP

Although the parties were harmoniously married at the time

of the negotiation and execution of this Agreement, they are each

satisfied that they conducted the negotiations in a businesslike

and arms-length manner and did not deal as persons in a

confidential relationship.

Each of the parties has been represented by counsel of that

party’s own choosing in connection with the negotiations and

preparation of this Agreement. Each party is satisfied that his

or her respective rights and interests have been fully explained

to him or her by such counsel, and acknowledges the receipt of

that explanation both on an individual basis in separate meeting

with counsel, and when the parties and counsel met together at

the time of the execution of ths Agreement.

Each of the parties has made full disclosure of the nature,

extent, and value of the part’s assets and income, as these

appear on Exhibits A and B attached to this Agreement, to the

other party. In addition, each party has responded to inquiries

from the other party regarding the nature, extent, and value of

his or her respective financial circumstances.

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ARTICLE THREE

SEPARATE PROPERTY IDENTIFIED

Now, therefore, in consideration of the premise and mutual

undertakings herein, the parties agree as follows:

The separate property of the Wife shall consist of the

assets shown on Exhibit A attached to this Agreement, and the

separate property of the Husband shall consist of the assets

shown on Exhibit B attached to this Agreement.

ARTICLE FOUR

SEPARATE PROPERTY OF EACH PARTY LISTED

(A) The following shall be considered the separate property of

the Husband:

(1) Any bank accounts currently held in his name only, or in his

name with any party other than the wife, specifically [list

accounts by number, names, and bank];

(2) The property located at , East Brunswick,

New Jersey, including the land and all structures on the real

estate, and all of the contents of those structures on the real

estate, and all of the contents of those structures, although the

property is currently in the name of the parties jointly with the

right of a survivorship;

(3) All motor vehicles registered in the Husband’s name,

specifically: [list by make, model, year, and identification

number];

(4) the following real property, all held in the Husband name

along or with persons other than the wife, specifically: [list

each by address or other locating identification, and co-

owners].

(5) All income from the sale or leasing of the property described

in subparagraph (4) above:

(6) Any property substituted for or replacing the property

described in subparagraph 4 of property purchased with any income

form the property described in subparagraph (4) above;

(B) The following shall be considered the separate property of

the wife:

(1) Any bank accounts currently held in her name only, or in her

name with any party other than the husband, specifically [list

accounts by number, names, and bank];

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(2) Any income, earned or unearned, derived by the wife from any

source, in any manner, up to the amount of $50,000 per year;

(3) The property located , including

the land and all structures thereon, and all contents of the

structures, although the property is currently in the husband’s

name only:

(4) All of her personal jewelry, clothing, books, and mementos

currently owned by her or acquired in the future;

(5) Any property acquired through the use of her separated funds,

income or property.

ARTICLE FIVE

WAIVER OF INTERESTS IN SEPARATE PROPERTY

All of the separated real and personal property, tangible or

intangible, of each of the parties, as listed in attached

exhibits A and B, shall be the separated property of each party

respectively, and the other shall not obtain or retain any right,

title, or interest of any kind in any and to the property by

virtue of the parties’ continued marriage, or by virtue of any

use or occupancy of the property, or by another means, and each

hereby waives and surrenders any right, title, or interest in the

property.

ARTICLE SIX

JOINT PROPERTY

The following shall be considered the joint marital property

of the parties:

(1) The collection of rare coins and stamps acquired by the

husband under the will of his Uncle, Robert Thompson.

(2) The securities account, bearing account number 1234567, that

is maintained by the wife at AG Edwards, containing the

securities listed on the account statement attached as Exhibit A,

to this agreement.

(3) The sailboat known as the Rusty Clipper, bearing registration

number 1234567, acquired by the husband, in his name, prior to

the marriage.

(4) All other assets or income of the parties, whether held in

their names jointly or in either of their names solely or with

third parties, except for those listed as the separate property

of each of the parties as delineated in this agreement;

(5) Any property or income acquired hereafter in their joint

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names or with the use of joint assets or income, whether or not

held in their joint names.

ARTICLE SEVEN

EXECUTION OF DOCUMENTS

Contemporaneously with execution and delivery of this

agreement, each of the parties shall execute any deeds, bills of

sale, assignments, or other documents of transfer and title

necessary to establish their respective rights to their separate

property and to their joint property. The failure of either party

to execute a document(s) shall not affect the designation of

particular property separate or joint, and the designation shall

be controlled by the terms of this agreement.

ARTICLE EIGHT

EXECUTION OF DOCUMENTS

Neither of the parties, if surviving the other, nor the

survivor’s heirs, executors, administrators and assigns, shall

make any claim to courtesy or statutory distributive share, or

any claim of any other nature whatsoever, in and to any part of

the estate of the other to nature whatsoever, in and to any part

of the estate of the other to which he or she might be entitled

as a surviving spouse were it not for the execution and delivery

of this agreement; and each party hereby waivers, discharges, and

releases:

(A) All such rights as a spouse to share in or make any claim

against ht estate of the other, agrees to execute from time to

time any instruments that may be necessary or appropriate to

cause the estate of the other to devolve in the same manner as if

he or she had predeceased the other:

(B) Any right, title or interest whatsoever that he or she may

acquire or be entitled to acquire in the property of the other at

any time hereafter by reasons of their marriage under the laws of

any state or country:

accorded pursuant to the laws of New Jersey:

(D) Any right to act as a conservator or administrator of the

other’s estate.

Nothing set forth in this agreement, however, shall limit or

otherwise affect either partys’ entitle to receive any benefits

that the other may voluntarily elect to provide for him or her by

will or other instrument disposing of property upon death.

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ARTICLE NINE

FAMILY DEBTS AND SUPPORT

Notwithstanding that both parties are equally responsible

for the debts of the family and for their mutual support and the

support of their minor children, the husband shall assume primary

responsibility for the payment of all bills and debts incurred

for the care, benefit, and support of each of thee parties and

their minor children, and his income and separate assets shall be

applied to the payment of these obligations first, even to the

extent of their exhaustion and diminution, after which the joint

assets and income of the parties shall be employed, even to their

exhaustion and diminution, after which the separate assets and

income of the wife may be employed. The wife’s voluntary use of

her assets funds for her own support, care or benefit, or for the

children of the parties, shall not be deemed a waiver fo the

husband’s obligations under this paragraph.

ARTICLE TEN

COMMINGLING OF INCOME AND ASSETS

(A) Notwithstanding the provisions of this agreement that

allow the parties to maintain their separate income and assets,

the parties recognize that it is possible, through accident or

intent, for their income or assets to become, or appear to be,

commingle. It is the parties’ intention that any commingling or

pooling of assets not be interpreted to imply any abandonment of

the terms and provisions of this agreement, and that the

provisions contained herein addressing the parties’ interests in

jointly-held property be applied, and that in other instances,

each party be determined to be the owner of that proportion and

the total fund or value of the assets in question that reflects

the proportionate amount deposited or invested by each party.

(B) The fact that the parties may file joint state or

federal income tax returns or make gifts of property or cash to

each other shall not be interpreted to imply any abandonment of

the terms and provisions of this agreement.

party shall not be deemed an abandonment of this agreement.

ARTICLE ELEVEN

VOLUNTARY GIFTS TO SPOUSE

Nothing contained in this agreement shall in any manner bar

or affect the right of either party to claim or receive any

additional property of any nature or character that the other

party, by last will and testament or other testamentary

disposition, or by instrument executed or any act done during his

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or her life, may give, devise or bequeath, or transfer, assign or

set over, to the other.

ARTICLE TWELVE

WAIVER OF PENSION INTERESTS

Neither party shall retain any right, title, or interest in

any pension or other retirement plan or account owned by the

other party prior to the date of this agreement, nor to any

increase in the value of such resulting from appreciation or

income accruing in such plan or account: no shall either party

obtain any rights to any increases in the value of such plans or

accounts resulting from the deposit of separation assets or

separate income. Each party has the option to being, maintain,

and continue any pension, retirement, or other deferred

compensation plans and accounts, regardless of the source of

funds and each waives any right, title, interest in plans and

accounts established by the other. Each party agrees to execute

any additional documents necessary to evidence such waiver and

surrender of rights.

ARTICLE THIRTEEN

SEPARATION AND DIVORCE

Although this agreement is made without either party having

the intention to separate or initiate a divorce or dissolution

proceeding, the parties recognize that these occurrences are with

the realm of possibility, and they wish to provide for that

eventuality in the following manner:

(A) The provisions of this agreement shall not be terminated by a

separation, divorce, or dissolution action;

(B) The provisions contained in article four regarding the

separate property of each of the parties shall remain in effect,

and neither shall make any claim against the other for any

interest in any portion of this separate property;

parties obtain equal value;

(D) The husband shall be solely liable for the payment of all

debts incurred for the support, care and benefit of the family

that are outstanding on the date of the parties’ separation or

commencement of a divorce or dissolution proceeding, whichever

first occurs, and shall hold the wife harmless therefrom and

indemnify her on account of any payment of any such debt she may

make;

(E) Commencing the first day of the month beginning after the

date of the parties’ separation, or the date of the commencement

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of the divorce or dissolution action, whichever first occurs, the

husband shall pay for the wife the sum of dollars per

month for her support and for the support of the minor children

of the parties and these payments shall continue until the

parties resume cohabitation or until the entry of a decree of

divorce or dissolution;

(F) Upon the entry of a final decree of divorce or dissolution,

the husband shall pay to the wife the sum of dollars

per month for her support and the sum of dollars

per month for the support of each of the minor children of the

parties.

ARTICLE FOURTEEN

“SUNSET” AND RENEGOTIATION PROVISION

The parties have entered into this agreement during a period

of marital difficulty, although neither is presenting

contemplating a separation or the commencement of a divorce or

dissolution proceeding. If the parties are still living together

years after the date of the execution of this

agreement and no divorce action is pending, then this agreement

shall terminate and be without effect. Until that date, in the

event of any changed circumstance the parties agree to

renegotiate the terms of this agreement in a good faith effort to

accommodate those changed circumstances.

ARTICLE FIFTEEN

AMENDMENT

During their joint lives and so long as their marriage has

not been terminated by divorce, dissolution of marriage or

annulment, the parties reserved the right to amend this agreement

by an instrument in writing, executed by each of them. Any

amendment, so executed, shall be valid and binding to the full

extent, as though the provision of the amendment had been set

forth in ths agreement.

ARTICLE SIXTEEN

LAW APPLICABLE

This agreement shall be interpreted and enforced in

accordance with the laws of the State of New Jersey in effect at

the time of its execution.

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ARTICLE SEVENTEEN

INDEPENDENT COUNSEL

The parties acknowledge and represent that each has procured

and been advised as to all aspects of this Agreement by

independent counsel of his/her own choice. having been

represented by , Esq., with offices located at ,

and having been represented by , Esq., with

offices located at . The fact that 's attorneys

actually prepared the initial draft of this typewritten Agreement

shall have no bearing whatsoever on either party's decision to

execute same and each party is satisfied that he/she has freely

negotiated the contents hereof free from any improper persuasion

or influence of the other or any third party. Both parties

acknowledge and represent that their respective attorneys were

selected freely, voluntarily, of their own free will, and free

from any improper persuasion or influence of the other party or

any third party.

ARTICLE EIGHTEEN

VOLUNTARY EXECUTION

The parties each acknowledge and represent that this

Agreement has been executed by them free from any improper

persuasion, fraud, undue influence, or economic, physical or

emotional duress of any kind whatsoever asserted by the other or

any third party.

ARTICLE NINETEEN

INCORPORATION OF THE WITHIN AGREEMENT

The parties acknowledge and understand that this Agreement

shall be offered in evidence in any proceeding instituted by

either of the parties in any court of competent jurisdiction in

which a determination of any aspect of the parties' relationship

is sought and shall, subject to the court's approval, be

incorporated in any order or judgment rendered in such

proceeding.

ARTICLE TWENTY

NON-MERGER

Notwithstanding its incorporation into any order or judgment

entered by a court of competent jurisdiction, the provisions of

this Agreement shall not merge with, but shall survive any such

order or judgment in its entirety and shall remain in full force

and effect, except as may be invalidated by a court of competent

jurisdiction.

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ARTICLE TWENTY-ONE

VALIDITY AND ENFORCEABILITY OF AGREEMENT

The parties further agree that this contract is valid and

enforceable in any action that may hereafter be commenced by

either party in any jurisdiction.

ARTICLE TWENTY-TWO

SEVERABILITY

In the event any provision contained in this Agreement,

either in whole or in part, is deemed or held to be invalid or

unenforceable by any court of competent jurisdiction, the

remainder of any partially declared invalid or unenforceable

provision and all other provisions of the Agreement shall,

nonetheless, remain and continue in full force and effect.

ARTICLE TWENTY-THREE

SITUS

The parties agree that the laws of New Jersey shall govern

the execution and enforcement of this Agreement regardless of any

jurisdiction wherein it may be presented as evidence.

ARTICLE TWENTY-FOUR

BINDING EFFECT

This Agreement shall be binding upon and inure to the

benefit of the parties and their respective heirs, executors and

administrators.

ARTICLE TWENTY-FIVE

ENFORCEABILITY OF AGREEMENT

The parties agree that the within Agreement is enforceable

in any court of competent jurisdiction and neither shall do

anything to declare the Agreement or any of its provisions

invalid or unenforceable. Should either party take any action to

declare the Agreement or any of its terms invalid, said party

shall indemnify the other for all reasonable expenses and costs,

including attorneys' fees, incurred in successfully enforcing the

Agreement.

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ARTICLE TWENTY-SIX

UNDERSTANDING OF ENGLISH LANGUAGE

The parties represent and acknowledge that each can read and

write the English language; that each has read this Agreement in

its entirety independently and with the assistance of independent

legal counsel; and that each understands each and every word,

phrase and provision contained in this Agreement. Any and all

words, phrases and/or provisions that either party may not have

initially understood have been explained by independent legal

counsel to each party's mutual satisfaction.

IN WITNESS WHEREOF, the parties have signed, sealed and

acknowledged this Agreement on the day and year first above

written.

STATE OF NEW JERSEY)

)

ss. )

)

COUNTY OF )

BE IT REMEMBERED that on this th day of

2007, before me, the subscriber, a Notary Public, personally

appeared Patty Plaintiff, who, I am satisfied, is the person

named in the foregoing Agreement, to whom I first made known the

contents thereof, and thereupon he or she acknowledged that he or

she signed, sealed, and delivered the same as his or her

voluntary act and deed, for the uses and purposes therein

expressed.

Date:

PATTY PLAINTIFF

Date:

NOTARY PUBLIC