This waiver must be signed before the partition or exchange agreement is executed to ensure enforceability of the agreement. See Tex. Fam. Code § 4.105(a)(2)(B). If this form is used with a separation agreement, omit the reference to Tex. Fam. Code § 4.105.
Waiver of Disclosure of Financial Information
[Partition or Exchange Agreement]
This Waiver of Disclosure of Financial Information is made by [name of party A] and [name of party B] (the “parties”). The parties are now married and are executing this waiver in accordance with the provisions of section 4.105 of the Texas Family Code.
1.Waiver of Disclosure by [name of party A]
I, [name of party A], acknowledge receiving a copy of the proposed partition or exchange agreement. I have read it and fully understand it. I have been provided a fair and reasonable disclosure of the property and financial obligations of [name of party B]. I voluntarily waive any further disclosures regarding the property, including its value, and the financial obligations of [name of party B] beyond the disclosures provided in the proposed partition or exchange agreement. I acknowledge that I have been offered an opportunity to further investigate the property, including its value, and the financial obligations of [name of party B]. However, I waive the opportunity for further investigation.
2.Waiver of Disclosure by [name of party B]
I, [name of party B], acknowledge receiving a copy of the proposed partition or exchange agreement. I have read it and fully understand it. I have been provided a fair and reasonable disclosure of the property and financial obligations of [name of party A]. I voluntarily waive any further disclosures regarding the property, including its value, and the financial obligations of [name of party A] beyond the disclosures provided in the proposed partition or exchange agreement. I acknowledge that I have been offered an opportunity to further investigate the property, including its value, and the financial obligations of [name of party A]. However, I waive the opportunity for further investigation.
3.Execution
The parties acknowledge executing this Waiver of Disclosure of Financial Information in multiple originals on the dates and at the times of the acknowledgments. The parties further acknowledge signing this Waiver of Disclosure of Financial Information before the execution of the partition or exchange agreement. [Include if applicable: A copy of the Partition or Exchange Agreement is attached to this waiver as Exhibit [exhibit number/letter].]
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State of Texas)
County of)
This instrument was acknowledged before me at __________________ __.m. on ______________________________ by [name of party A].
Notary Public, State of Texas
State of Texas)
County of)
This instrument was acknowledged before me at __________________ __.m. on ______________________________ by [name of party B].
Notary Public, State of Texas
Attach a copy of the partition or exchange agreement if applicable. |