With waiver of antenuptial contract.

This agreement is made this _________, 19__, between _________, of _________, husband, and _________, wife.

Recitals:

The parties are husband and wife, but no issue has been born of their marriage.

The parties, prior to their marriage, entered into the contract, a true copy of which is attached, marked Exhibit A [antenuptial contract], and made a part of this agreement.

The parties are satisfied that they can no longer live together as husband and wife and have agreed that in the future it will be for the best interests of both that they live separate and apart from each other, and that each have and hold his or her separate property free and clear of all claims and demands of the other party:

Therefore, the parties each, in consideration of the agreement of the other, agree as follows:

1. The parties have already divided their personal property, and each is now in possession of the personal property which he or she owns and title of each to such personal property now in the possession of each is confirmed, and shall be held by each free and clear of the demands of the other party.

2. Husband shall pay to wife on or before _________, 19__, $_____, either in cash or in securities acceptable to wife at her option, which sum of $_____ shall be and become separate property of wife, free and clear of all demands of husband.

3. In consideration of the payment to wife, she waives all claims and demands of every kind and description which she may have under the antenuptial contract, a copy of which is attached, as Exhibit A, and all claims of every kind, present and/or future, upon husband, either for maintenance or alimony and/or on any other account.

4. At the time of the marriage of the parties wife was, and she now is, the owner of the following-described real property: _________.

5. The title of wife to the property is confirmed and husband shall not inherit from her any of it or any real or personal property which she may acquire. And, in the event that she shall die without executing a will, the property shall pass to and vest in the heirs of wife, other than husband; and wife shall have full power to dispose of the property and of any other property which she may acquire, by will, in any manner she shall deem best; and husband consents to making of any will which she shall desire to make, and this instrument shall be held and construed to be such consent, and all property covered by such will or wills shall pass to devisees and legatees named in it without any claim of title or interest by husband. And, to facilitate the transfer of the real estate or any other real estate which wife may acquire, husband appoints wife his attorney in fact to sign his name to any and all deeds of conveyance of the property, or of any property acquired by her, and to convey any interest which under the law as her husband he may now have or may acquire. But this power shall not be construed as authorizing wife to sign the name of husband to any deed or deeds conveying property which is set apart to him or which he may acquire; and such deed or deeds, so signed by her in his name as above set forth, shall convey all of the interest which husband may have in any such property as the husband of wife.

6. All real property now owned by husband and/or which he may acquire, together with all real property, if any, now standing jointly in the name of the parties, including the several tracts and parcels of real estate particularly described in a statement contained in this clause, shall be and remain the property of husband, and his title to and ownership of it is confirmed, and wife shall not inherit from him any of it or any real or personal property which he may acquire. And, in the event that he shall die without executing a will, the property shall pass to and vest in the heirs of husband other than wife; and husband shall have full power to dispose of the property and of any other property which he may acquire, by will in any manner he shall deem best; and wife consents to the making of any will which he shall desire to make, and this instrument shall be held and construed to be such consent, and all property covered by such will or wills shall pass to devisees and legatees named in it without any claim of title or interest by wife. And to facilitate the transfer of the real estate or any other real estate which husband may acquire, wife appoints husband her attorney in fact to sign her name to any and all deeds of conveyance of the property, and/or any property acquired by him, and to convey any interest in it which under the law as his wife she may now have or may acquire. But this shall not be construed as authorizing him to sign her name to any deed or deeds conveying property which is set apart to her or which she may acquire; and such deed or deeds so signed by him in her name, as above set forth, shall convey all of the interest which wife shall have in any such property as the wife of husband. The following is a description of the real estate mentioned above in this clause: _________.

7. The parties shall live separate and apart from each other, each free from interference by the other, and each shall own, hold, and control his or her property as provided in this agreement free and clear of all interference or claims by the other party.

8. The intent and purpose of this instrument is to enable the parties to live separate and apart from each other, to permit the accumulation of property by the other free and clear from demands upon it by the other, and to bar each from any interest, inheritable or otherwise, in any property owned by them or either of them and/or acquired by them or either of them.



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