8/13/2019 Agreement of Spouses Revoking Premarital Agreement

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Agreement of Spouses Revoking Premarital Agreement

__________________ [CANCELLATION or RESCISSION] OF PREMARITAL

AGREEMENT

This Agreement is made on __________________ [date] between __________________[name of wife] (Wife) and __________________ [name of husband] (Husband).

Original Agreement

1. On __________________ [date], the parties executed a premarital agreement

(original agreement). A copy of the original agreement is attached to this Agreement and

incorporated herein by reference.

[EITHER, if original agreement is to be cancelled]

Cancellation

2. The parties agree to cancel the original agreement, pursuant to

________________________________ [statute]. They agree that cancellation of the original

agreement is made with their mutual and express intent to extinguish all remaining obligations

imposed on them by that contract. [If original agreement affected separate or community

property, describe effect of cancellation on property transfers already performed, e.g., The

parties agree that all real or personal property transferred pursuant to the original agreement shallretain the title in effect on the date of this cancellation Agreement].

[OR, if original agreement is to be rescinded]

Rescission

2. The parties agree to rescind the original agreement, pursuant to

________________________________ [statute]. They agree that rescission of that contract is

made with their mutual and express intent to forego all rights and benefits provided for under theoriginal agreement. [If real or personal property was affected by original agreement, provide for

disposition when applicable, e.g.,The parties agree to restore all real and personal property to

the status of ownership that was in effect before execution of the original agreement].

[CONTINUE]

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Additional Instruments

3. Each party agrees, on the request of the other, to execute, deliver, and properly

acknowledge any additional instruments that may be required to carry out the intention of this

Agreement and to execute, deliver, and properly acknowledge any deeds or other documents in

order that good and marketable title to any separate property can be conveyed by one party freefrom any claim of the other party acquired by him or her by reason of their marriage.

Representation by Separate Counsel

4. The parties acknowledge that they have been represented by separate counsel in the

negotiations of this Agreement; that their respective counsel were of their own choosing; that

they have read this Agreement; and that their counsel have explained its meaning and legal

consequences to them. They further acknowledge that they are aware, and that counsel has

explained to them, that in making and carrying out this Agreement as to property they are subject

to the general rules that control the actions of persons occupying confidential relations with each

other.

Executed on ____________ [date]:

__________________ [signature]

__________________ [typed name]

Wife

__________________ [signature]

__________________ [typed name]

Husband

ACKNOWLEDGMENT

On ____________ [date], before me, __________________ [name and title of officer taking

acknowledgment], personally appeared __________________ [names of husband and wife],

__________________ , who proved to me on the basis of satisfactory evidence to be the persons

whose names are subscribed to the within instrument and acknowledged to me that they executed

the same in their authorized capacities, and that by their signatures on the instrument the persons

executed the instrument.

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I certify under PENALTY OF PERJURY under the laws of the State of _________________

that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

__________________ [signature]

[Seal]