diff --git a/personal/POST-NUPTIAL.md b/personal/POST-NUPTIAL.md new file mode 100644 index 0000000..7bfe49b --- /dev/null +++ b/personal/POST-NUPTIAL.md @@ -0,0 +1,64 @@ +# POST-NUPTIAL AGREEMENT + +This Post-Nuptial Agreement (the "Agreement") is made on [DATE] between [SPOUSE 1 NAME] ("Spouse 1") and [SPOUSE 2 NAME] ("Spouse 2"), collectively referred to as "the Parties." + +WHEREAS, the Parties are married and wish to define their rights and obligations regarding a new retirement account; + +NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: + +## 1. NEW EMPLOYMENT AND RETIREMENT ACCOUNT + +1.1 Spouse 1 has recently obtained new employment with [EMPLOYER NAME] and as part of this employment has access to a new retirement account (the "Account"). + +1.2 The Account is [ACCOUNT TYPE, e.g., 401(k), IRA] and was opened on [DATE]. + +## 2. DESIGNATION OF PROPERTY + +2.1 The Parties agree that the Account, including all contributions and earnings, shall be considered the separate property of Spouse 1. + +2.2 Any contributions made to the Account from marital funds shall not change its character as separate property. + +## 3. RIGHTS UPON DISSOLUTION OF MARRIAGE + +3.1 In the event of a dissolution of marriage, Spouse 2 waives any right, title, or interest in the Account, including any appreciation or income derived from the Account during the marriage. + +3.2 This waiver does not affect any rights Spouse 2 may have to other marital property or support. + +## 4. BENEFICIARY DESIGNATION + +4.1 Spouse 1 shall have the right to designate beneficiaries for the Account without restriction. + +4.2 Spouse 2 waives any right to be named as a beneficiary of the Account. + +## 5. DISCLOSURE + +5.1 Spouse 1 has provided full disclosure of all information related to the new employment and the Account. + +5.2 Spouse 2 acknowledges receipt and understanding of this information. + +## 6. VOLUNTARY EXECUTION + +6.1 The Parties acknowledge that they enter into this Agreement voluntarily and without any duress or undue influence. + +## 7. GOVERNING LAW + +7.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. + +## 8. SEVERABILITY + +8.1 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. + +## 9. ENTIRE AGREEMENT + +9.1 This Agreement contains the entire understanding of the Parties with respect to the Account and may be modified only in writing signed by both Parties. + +IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written. + +________________________ +[SPOUSE 1 NAME] + +________________________ +[SPOUSE 2 NAME] + +NOTARY ACKNOWLEDGMENT +[Standard notary acknowledgment for the State of Colorado] \ No newline at end of file