Form 63-9

This example is furnished merely for illustration and should not be used as a standard form. The nature of separation agreements, especially their tax aspects, makes the variables so numerous as to defy the use of simple forms. The tax consequences of the agreement must always be given careful consideration.

This form is designed to be used to confirm each party’s separate property, partition any community property as desired, and make an agreement with respect to future earnings from separate property, as well as personal earnings.

If there are children under age eighteen, to enforce the provisions of the agreement concerning the chil­dren, a suit affecting the parent-child relationship must be filed in conjunction with the execution of this agreement, incorporating in an agreed order the terms of the agreement concerning managing and possessory conservatorship and access to and support of the children. See, e.g., Tex. Fam. Code § 154.124 (child support agreements not enforceable by contract). This agreement is worded on the assumption that such an order will exist.

Separation Agreement

The parties to this Separation Agreement are [name of party A], of [county] County, Texas, and [name of party B], of [county] County, Texas.

Stipulations

1.The parties were married on [date] at [city, state], and ever since that date have been, and are now, spouses.

2.The parties have [a] child[ren] now under eighteen years of age who [is/are] enti­tled to support, as set forth below.

3.The parties have agreed to a separation. As a result, the purpose of this agreement is to partition the parties’ existing property and property to be acquired in the future, to delin­eate and set forth methods whereby the character of the property can be readily determined, [include if applicable: to provide for the custody and support of the child[ren],] and to provide for the maintenance and support of [[name of party A]/[name of party B]].

4.The parties intend for this agreement to provide a readily ascertainable means of determining the property interest of each party in the event of a final divorce.

5.The parties acknowledge that each party has participated in the negotiations and preparation of this agreement, that each party fully understands the terms, conditions, and pro­visions of this agreement, and that each party believes its terms to be fair, just, adequate, and reasonable.

6.The parties acknowledge and agree that they are making and entering into this agreement voluntarily and without the intention to defraud or prejudice preexisting creditors.

7.Each party desires to partition or exchange community property in order for each party, following the execution of this agreement, to hold and possess [his or her/his/her] share as [his or her/his/her] sole and separate property.

8.The parties intend to clarify their respective property rights to eliminate any uncer­tainty about those rights following their separation.

9.The parties intend by this agreement that no future community property will be created during the remainder of their marriage.

In consideration of the mutual promises, agreements, partitions, exchanges, releases, and waivers contained in this agreement and in consideration of the parties’ desire to establish certain rights and obligations by this agreement, and with the intent to be fully bound by the terms of this agreement, the parties covenant, agree, and contract as follows:

Article 1 

Separation

1.1Date of Separation

The parties separated on [date] [include if applicable: and will, at all times following the execution of this agreement, live separately and apart from each other].

1.2Right to Live Separately and Free from Interference

Each party will be free from interference, authority, and control, direct or indirect, by the other party as if [he or she/he/she] were unmarried. Each party may reside at any place or places [he or she/he/she] selects.

Article 2 

Custody of Child[ren]

2.1Child[ren] of the Marriage

There is no child born or adopted during the parties’ marriage, and none is expected.

There is no child born or adopted during the parties’ marriage now under eighteen years of age or otherwise entitled to support, and none is expected.

The parties are the parents of the following child[ren]:

Name:

Sex:

Birthplace:

Birth date:

Home state:

No other children are expected.

2.2Stipulation Concerning Managing and Possessory Conservators

It is in the best interest of the child[ren] that [name] be appointed [Sole/Joint] Manag­ing Conservator of the child[ren] and [name] be appointed [Possessory/Joint Managing] Con­servator of the child[ren] in any suit affecting the parent-child relationship that is filed.

2.3Custody of Child[ren]

It is in the best interest of the child[ren] that [name] have primary physical possession of the child[ren] with all the rights and duties of a parent as set forth in the Texas Family Code, as amended, subject only to the rights and duties of [name] as set forth below. [Name] understands and agrees that [name] will have all the normal rights of a parent, including the right to designate the primary residence of the child[ren], and that [name] will have the fol­lowing rights and duties:

2.4Periods of Possession

[Name] will have the right to access and possession of the child[ren] at all times as the parties may mutually agree and, failing mutual agreement, as follows: [set out times and con­ditions for possession of the child[ren]].

Article 3 

Support of Child[ren]

3.1Duty of Support

[Name] recognizes [his/her] duty to support the child[ren] in accordance with the provi­sions of the Texas Family Code.

3.2Cash Payments

[Name] agrees to pay to [name] child support of [number] dollars ($[amount]) per month, with the first payment being due and payable on [date] and a like payment being due and payable on the [specify] day of each month thereafter until the first month following the date of the earliest occurrence of one of the events specified below:

1.the child reaches the age of eighteen years or graduates from high school, which­ever occurs later, subject to the provisions for support beyond the age of eighteen years set out below;

2.the child marries;

3.the child dies;

4.the child enlists in the armed forces of the United States and begins active service as defined by section 101 of title 10 of the United States Code; or

5.the child’s disabilities are otherwise removed for general purposes.

[Name] agrees that if the child is eighteen years of age and has not graduated from high school and [name of obligor]’s obligation to support the child has not already terminated, [name]’s obligation to pay child support to [name] shall not terminate but shall continue for as long as the child is enrolled—

1.under chapter 25 of the Texas Education Code in an accredited secondary school in a program leading toward a high school diploma or under section 130.008 of the Education Code in courses for joint high school and junior college credit and is complying with the min­imum attendance requirements of subchapter C of chapter 25 of the Education Code or

2.on a full-time basis in a private secondary school in a program leading toward a high school diploma and is complying with the minimum attendance requirements imposed by that school.

[Name] agrees to pay to [name] child support of [number] dollars ($[amount]) per month, with the first payment being due and payable on [date] and a like payment being due and payable on the [specify] day of each month thereafter until the first month following the date of the earliest occurrence of one of the events specified below:

1.any child reaches the age of eighteen years or graduates from high school, which­ever occurs later, subject to the provisions for support beyond the age of eighteen years set out below;

2.any child marries;

3.any child dies;

4.any child enlists in the armed forces of the United States and begins active service as defined by section 101 of title 10 of the United States Code; or

5.any child’s disabilities are otherwise removed for general purposes.

Thereafter, [name] agrees to pay to [name] child support of [number] dollars ($[amount]) per month, due and payable on the [specify] day of the first month immediately following the date of the earliest occurrence of one of the events specified in items 1. through 5. above for that child and a like sum of [number] dollars ($[amount]) due and payable on the [specify] day of each month until the next occurrence of one of the events specified above for [the other/another] child for whom [name of obligor] remained obligated to pay support under this agreement. [Continue as required for additional reductions.]

[Name] agrees that if a child is eighteen years of age and has not graduated from high school and [name of obligor]’s obligation to support the child has not already terminated, [name]’s obligation to pay child support to [name] shall not terminate but shall continue for as long as the child is enrolled—

1.under chapter 25 of the Texas Education Code in an accredited secondary school in a program leading toward a high school diploma or under section 130.008 of the Education Code in courses for joint high school and junior college credit and is complying with the min­imum attendance requirements of subchapter C of chapter 25 of the Education Code or

2.on a full-time basis in a private secondary school in a program leading toward a high school diploma and is complying with the minimum attendance requirements imposed by that school.

3.3Future Determination of Child Support

The child support set forth above is necessary to provide the child[ren] with clothing, food, shelter, education, medical and dental care, and other necessities of life. As a result, the parties agree that any court of competent jurisdiction in which a suit affecting the parent-child relationship is filed will set child support in an amount at least equal to the amounts set forth above.

The provisions for child support set forth in this section are based solely on the parties’ present circumstances and those of the child[ren] to whom support is due and are not to be construed as a binding contract on the parties or as consent to any decree that a court of com­petent jurisdiction may enter in any suit affecting the parent-child relationship. An award of child support by any such court will terminate the support provisions of this agreement.

3.4Obligation of Estate

The child support obligation will not cease at [name]’s death but will be an obligation of the deceased parent’s estate and will be payable on the date of [his/her] death as provided by section 154.015 of the Texas Family Code.

3.5Health [and Dental] Insurance

As additional child support, [name] agrees to keep and maintain at all times in full force and effect the health insurance [include if applicable: and dental insurance] that now insures the parties’ child[ren], provided through [name]’s employer, [name], or through such group plan as is available through other employment. If [name] is not employed, or if no health-care plan is available at the then-current place of employment, [name] must within ten days of ter­mination of employment at the last place of employment offering a health-care plan convert the policy for individual coverage on the child[ren] to provide insurance coverage. [Include specific coverage requirements if desired.]

If the policy is not convertible, [name] must secure on or before the tenth day following discharge of employment health [include if applicable: and dental] insurance insuring each child. [Include specific coverage requirements if desired.] The insurance must be maintained for the benefit of the child[ren] as long as child support is payable under this agreement.

[Name] must furnish to [name] a true and correct copy of [the/each] insurance policy or certification and a schedule of benefits within [number] days of the execution of this agree­ment. [Name] must furnish to [name] the insurance cards and any other forms necessary for use of the insurance within [number] days of the execution of this agreement. [Name] must provide, within three days of receipt by [him/her], to [name] any insurance checks, other pay­ments, or explanations of benefits relating to any medical expenses for the child[ren] that [name] paid or incurred.

The reasonable and necessary health-care expenses of the child[ren] that are not reim­bursed by health insurance [include if applicable: or dental insurance] are allocated as follows: [Name] shall pay [percent] percent and [name] shall pay [percent] percent of the unreim­bursed health-care expenses if, at the time the expenses are incurred, [name] is providing health [include if applicable: and dental] insurance as agreed. “Reasonable and necessary health-care expenses that are not reimbursed by health insurance” incurred by or on behalf of a child include, without limitation, any copayments for office visits or prescription drugs, the yearly deductible, if any, and medical, surgical, prescription drug, mental health-care services, dental, eye care, ophthalmological, and orthodontic charges. These reasonable and necessary health-care expenses do not include expenses for travel to and from the health-care provider or for nonprescription medication.

The party who incurs a health-care expense on behalf of [the/a] child shall provide to the other party receipts, bills, statements, or explanations of benefits showing the unreim­bursed portion of the health-care expense within thirty days after the incurring party receives them. The nonincurring party shall pay the nonincurring party’s percentage of the unreim­bursed portion of the health-care expenses either by paying the health-care provider directly or by reimbursing the incurring party for any advance payment exceeding the incurring party’s percentage of the unreimbursed portion of the health-care expenses within thirty days after the nonincurring party receives the receipts, bills, statements, or explanations of benefits.

These provisions apply to all unreimbursed health-care expenses of [the/any] child incurred while child support is payable for [the/that] child.

Each party shall conform to all requirements imposed by the terms and conditions of any policy of health [include if applicable: or dental] insurance covering the child[ren] in order to assure the maximum reimbursement or direct payment by any insurance company of the incurred health-care expense, including but not limited to requirements for advance notice to any carrier, second opinions, and the like. Each party shall use “preferred providers” or ser­vices within the health maintenance organization or preferred provider network, if applicable. Disallowance of the bill by an insurance company shall not excuse the obligation of either party to make payment. Excepting emergency health-care expenses incurred on behalf of the child[ren], if a party incurs health-care expenses for the child[ren] using “out-of-network” providers or services or fails to follow the insurance company procedures or requirements, that party shall pay all such health-care expenses incurred absent written agreement of the par­ties allocating such health-care expenses.

Except as provided in this paragraph, [name] shall furnish to [name], within fifteen days of receiving them, all forms, receipts, bills, and statements reflecting the health-care expenses [name] incurs on behalf of the child[ren]. [Name], at [his/her] option, may file any claims for health-care expenses directly with the insurance carrier with and from whom cover­age is provided for the benefit of the child[ren] and receive payments directly from the insur­ance company.

[Name] shall submit all forms required by the insurance company for payment or reim­bursement of health-care expenses incurred by either party on behalf of [the/a] child to the insurance carrier within fifteen days of receiving any form, receipt, bill, or statement reflect­ing the expenses.

Any insurance payments received by a party from the health [include if applicable: or dental] insurance carrier as reimbursement for health-care expenses incurred by or on behalf of [the/a] child shall belong to the party who paid those expenses. The party receiving the insurance payments is designated a constructive trustee to receive any insurance checks or payments for health-care expenses paid by the other party, and [name] shall endorse and for­ward the checks or payments, along with any explanation of benefits received, to [name] within three days of receiving them.

If [name] fails to maintain the insurance coverage described in this section, or to pro­vide [name] the insurance cards and any other forms necessary for use of the insurance, or to cooperate in making claims on the insurance as described in this section, or to pay to [name] any payments received on behalf of the child[ren] as described in this section, [name] must pay as additional child support all medical and dental bills incurred on behalf of the child[ren], including but not limited to doctor, hospital, prescription drug, psychiatric, psychological, lab­oratory, X-ray, therapy, dental, or orthodontic bills, within ten days following the date any such bills are mailed to [name] at [his/her] last known address.

3.6Life Insurance

As additional child support, [name of obligor] agrees [include if applicable: to purchase and], as long as child support is payable under the terms of this agreement, to maintain in full force and effect at [name of obligor]’s sole cost and expense a life insurance policy, which may be a decreasing term life insurance policy, insuring the life of [name of obligor], with an initial death benefit not less than the amount of the “Unpaid Child Support,” that will establish an insurance-funded [trust/annuity] payable to [name of obligee] for the benefit of the child[ren] that will satisfy the support obligation under this agreement in the event of the obli­gor’s death, pursuant to sections 154.015 and 154.016 of the Texas Family Code.

“Unpaid Child Support” is defined as the sum of the following:

1.an amount equal to the total amount of monthly periodic child support payments under the terms of this agreement, as modified by future orders modifying the order based on this agreement, that would be due between the date of this agreement until the end of the month of [the/each] child’s eighteenth birthday [, which the parties agree is [number] dollars ($[amount])];

2.an amount equal to the total amount of health insurance and dental insurance pre­miums payable for the benefit of the child[ren] under the terms of this agreement, as modified by future orders modifying the order based on this agreement, that would be due between the date of this agreement until the end of the month of [the/each] child’s eighteenth birthday [, which the parties agree is [number] dollars ($[amount])]; and

3.an amount equal to the balance owing on all cumulative judgments awarded against [name of obligor] for retroactive child support, child support arrearages, medical sup­port arrearages, and dental support arrearages, as well as postjudgment interest on each judg­ment as of the date of the order based on this agreement [, which the parties agree to be [number] dollars ($[amount])].

The parties agree that at the date of this agreement the amount of Unpaid Child Support is [number] dollars ($[amount]).

[Name of obligor] will provide [name of obligee] written proof from the life insurance company confirming the coverage required under this portion of the agreement no later than thirty days after the date this agreement is signed [through the parties’ attorneys/by mailing to [name of obligee] at [address]/by emailing to [name of obligee] at [email address]].

On [date] of each calendar year [name of obligor] and [name of obligee] will recalculate the amount of Unpaid Child Support, replacing the date of the agreement or, if applicable, the date of the most recent recalculation, with the date of the newest recalculation until the bal­ance of the Unpaid Child Support is zero. After each recalculation, [name of obligor] may decrease the amount of the death benefit of the insurance policy to an amount equal to or greater than the most recently recalculated Unpaid Child Support. If after any recalculation the death benefit of the life insurance policy is less than the recalculated Unpaid Child Sup­port, within thirty days of that recalculation [name of obligor] will increase and maintain the death benefit to an amount equal to or greater than the most recently recalculated Unpaid Child Support.

Within thirty days of any change of the death benefit or of any beneficiary of the life insurance policy or of any written request by [name of obligee] [mailed to [name of obligor]’s last known mailing address/emailed to [name of obligor]’s last known email address/sent by text message to [name of obligor]’s last known mobile telephone number/[other method of communication]], [name of obligor] will provide [name of obligee] at [name of obligee]’s last known [mailing/email] address the documentation from the life insurance company showing the policy’s current death benefit and the policy’s current beneficiary designation(s). With [his/her] signature to this agreement, [name of obligor] authorizes [name of obligee] to obtain directly from the insurance company issuing the life insurance policy the current death benefit of the policy and the policy’s beneficiary designation(s). Not later than thirty days after receipt of a form required by the insurance company to authorize [name of obligee] to directly obtain this information, [name of obligor] will execute and deliver each such form to [name of obligee] at [name of obligee]’s last known mailing address.

On the date of this agreement, [name of obligor] will create an insurance-funded [trust/annuity], the complete terms and documents of which [name of obligor] will provide to [name of obligee] [through the parties’ attorneys/by mailing to [name of obligee] at [address]/by emailing to [name of obligee] at [email address]]. Within fifteen days of any written request by [name of obligee] [mailed to [name of obligor]’s last known mailing address/emailed to [name of obligor]’s last known email address/sent by text message to [name of obligor]’s last known mobile telephone number/[other method of communication]], [name of obligor] will provide [name of obligee] at [name of obligee]’s last known [mailing/email] address the com­plete, current terms and documents of the [trust/annuity].

If [name of obligor]’s death occurs before the termination of [his/her] child support obligation, the proceeds of the life insurance policy shall fund the [trust/annuity] and shall be distributed as will be ordered by the Court in accordance with the Texas Family Code. If the proceeds of the life insurance policy are insufficient to satisfy [name of obligor]’s child sup­port obligation as will be determined by the Court, any unpaid child support obligation remains an obligation of [name of obligor]’s estate. If the proceeds of the life insurance policy exceed [name of obligor]’s child support obligation as will be determined by the Court, [name of obligor], through the terms of the [trust/annuity], will determine the disposition of those excess funds after [name of obligee] is paid a sum equal to the child support obligation.

If any person or entity other than the insurance-funded [trust/annuity] described above receives proceeds of the life insurance policy [name of obligor] has agreed to maintain under the terms of this portion of the agreement before both the Court orders the distribution of those proceeds and those proceeds are distributed in accordance with that order, that person or entity will be designated a constructive trustee of those funds for the benefit of [name of obli­gee] to the extent the Court orders those funds to be paid to [name of obligee] to satisfy [name of obligor]’s child support obligation.

Article 4 

Property of the Parties

4.1Separate Property of [name of party A]

[Name of party B] acknowledges and agrees that all property listed in Schedule A attached to this agreement constitutes the separate property of [name of party A].

4.2Separate Property of [name of party B]

[Name of party A] acknowledges and agrees that all property listed in Schedule B attached to this agreement constitutes the separate property of [name of party B].

4.3Community Property of the Parties

The parties own as community property all that certain estate, real, personal, and mixed, that is described in Schedules C and D attached to this agreement.

4.4Disclosure

Each party represents and warrants to the other party that [he or she/he/she] has [include if applicable: , to the best of [his or her/his/her] ability,] made to the other party a [complete and accurate/fair and reasonable] disclosure of the nature and extent of the [include if applicable: separate and] community property of the parties, including values, and financial obligations, contingent or otherwise, and that the disclosure includes but is not limited to the properties set forth on Schedules A, B, C, and D attached to this agreement and other docu­mentation exchanged between the parties before their signing of this agreement. Each party additionally acknowledges that, before the signing of this agreement, [he or she/he/she] has been provided a fair and reasonable disclosure of the [include if applicable: separate and] com­munity property and financial obligations of the parties. Furthermore, and before their execu­tion of this agreement, each party has previously offered to provide, or has provided, to the other party all information and documentation pertaining to all [include if applicable: separate and] community property, including income and value, and all financial obligations that have been requested by the other party. Each party acknowledges that [he or she/he/she] has, or rea­sonably could have had, full and complete knowledge of the [include if applicable: separate and] community estate of the parties, as well as complete knowledge of all financial obliga­tions of the parties.

Article 5 

Partition of Property

5.1Property Partitioned to [name of party A]

The parties agree that [name of party A] will own, possess, and enjoy as [his/her] sole and separate estate, free from any claim of [name of party B], the property listed in Schedule A, which is attached to this agreement and incorporated in it for all purposes. [Name of party B] partitions and exchanges to [name of party A] all [her/his] community-property interest in and to all the property listed in Schedule A, together with any insurance policies covering the property and any escrow accounts that relate to it. [Name of party B] grants, releases, and con­firms to [name of party A] and to [his/her] heirs and assigns all right, title, and interest in and claims to the properties listed in Schedule A, to have and to hold the same, with all and singu­lar the hereditaments and appurtenances thereto belonging forever.

5.2Property Partitioned to [name of party B]

The parties agree that [name of party B] will own, possess, and enjoy as [her/his] sole and separate estate, free from any claim of [name of party A], all the property listed in Sched­ule B, which is attached to this agreement and incorporated in it for all purposes. [Name of party A] partitions and exchanges to [name of party B] all [his/her] community-property inter­est in and to all the property listed in Schedule B, together with all insurance policies covering the property and all escrow accounts that relate to it. [Name of party A] grants, releases, and confirms to [name of party B] and to [her/his] heirs and assigns all right, title, and interest in and claims to the properties listed in Schedule B, to have and to hold the same, with all and singular the hereditaments and appurtenances thereto belonging forever.

5.3Just and Right Partition and Exchange

The parties acknowledge that all of the parties’ property is partitioned and exchanged under the terms of this agreement in a manner that is just and right, having due regard for the rights of each party [include if applicable: and any child[ren] of the marriage].

5.4Asset Descriptions

The parties have tried to use the correct legal description for each asset listed on any schedule attached to this agreement. If any asset is incorrectly described, the description used is adequate for the purposes of this agreement and accompanying schedules, and the parties agree to execute any additional paperwork required to confirm ownership in the name of the party in whose schedule the asset appears.

Article 6 

Income or Property Derived from Separate Property

6.1Income from [name of party A]’s Separate Property

Except as noted below, [name of party B] agrees that all income, changes, mutations, and increases in kind or in value of [name of party A]’s separate property following the execu­tion of this agreement and all property that [he/she] may hereafter acquire [include if commu­nity estate will continue to exist: as [his/her] separate property], including all property acquired as a result of the reinvestment of income from [his/her] separate property, will be the separate property of [name of party A]. Income from separate property includes but is not lim­ited to interest, rents, royalties, stocks, splits, and dividends. Except as noted below, [name of party B] forever releases, relinquishes, and renounces any interest in such income, changes, mutations, and increases in kind or in value derived from [name of party A]’s separate prop­erty, including all property acquired as a result of the reinvestment of income from [his/her] separate property, in consideration of [name of party A]’s reciprocal agreement and release, relinquishment, and renunciation. All future earnings and income arising from [name of party A]’s separate property will be the separate property of [name of party A] unless the parties agree in writing to the contrary.

All future earnings and income arising from [name of party A]’s separate property will be the community property of the parties after the date of the execution of this agreement.

Except as noted below, [name of party B] agrees that all income, changes, mutations, and increases in kind or in value of [name of party A]’s separate property following the execu­tion of this agreement and all property that [he/she] may hereafter acquire [include if commu­nity estate will continue to exist: as [his/her] separate property], including all property acquired as a result of the reinvestment of income from [his/her] separate property, will be the separate property of [name of party A]. Income from separate property includes but is not lim­ited to interest, rents, royalties, stocks, splits, and dividends. Except as noted below, [name of party B] forever releases, relinquishes, and renounces any interest in such income, changes, mutations, and increases in kind or in value derived from [name of party A]’s separate prop­erty, including all property acquired as a result of the reinvestment of income from [his/her] separate property, in consideration of [name of party A]’s reciprocal agreement and release, relinquishment, and renunciation. Notwithstanding the preceding language in this paragraph, future earnings and income arising from [name of party A]’s separate property as listed in Schedule E will be the community property of the parties after the date of the execution of this agreement.

The parties agree that, for the purpose of this article 6, this agreement shall be deemed a partition or exchange agreement.

6.2Income from [name of party B]’s Separate Property

Except as noted below, [name of party A] agrees that all income, changes, mutations, and increases in kind or in value of [name of party B]’s separate property following the execu­tion of this agreement and all property that [she/he] may hereafter acquire [include if commu­nity estate will continue to exist: as [her/his] separate property], including all property acquired as a result of the reinvestment of income from [her/his] separate property, will be the separate property of [name of party B]. Income from separate property includes but is not lim­ited to interest, rents, royalties, stocks, splits, and dividends. Except as noted below, [name of party A] forever releases, relinquishes, and renounces any interest in such income, changes, mutations, and increases in kind or in value derived from [name of party B]’s separate prop­erty, including all property acquired as a result of the reinvestment of income from [her/his] separate property, in consideration of [name of party B]’s reciprocal agreement and release, relinquishment, and renunciation. All future earnings and income arising from [name of party B]’s separate property will be the separate property of [name of party B] unless the parties agree in writing to the contrary.

All future earnings and income arising from [name of party B]’s separate property will be the community property of the parties after the date of the execution of this agreement.

Except as noted below, [name of party A] agrees that all income, changes, mutations, and increases in kind or in value of [name of party B]’s separate property following the execu­tion of this agreement and all property that [she/he] may hereafter acquire [include if commu­nity estate will continue to exist: as [her/his] separate property], including all property acquired as a result of the reinvestment of income from [her/his] separate property, will be the separate property of [name of party B]. Income from separate property includes but is not lim­ited to interest, rents, royalties, stocks, splits, and dividends. Except as noted below, [name of party A] forever releases, relinquishes, and renounces any interest in such income, changes, mutations, and increases in kind or in value derived from [name of party B]’s separate prop­erty, including all property acquired as a result of the reinvestment of income from [her/his] separate property, in consideration of [name of party B]’s reciprocal agreement and release, relinquishment, and renunciation. Notwithstanding the preceding language in this paragraph, future earnings and income arising from [name of party B]’s separate property as listed in Schedule F will be the community property of the parties after the date of the execution of this agreement.

The parties agree that, for the purpose of this article 6, this agreement shall be deemed a partition or exchange agreement.

6.3Earnings

The parties agree that all salary, earnings, and other compensation for personal services or labor received or receivable by either party, now or in the future, will be the separate prop­erty of the party who performed the services or labor and received or is due to receive the sal­ary or other compensation.

6.4Waiver of Claims

Each party agrees that the property being partitioned and exchanged between the parties as their respective separate property will be free from all claims that the other party may have before the date of this agreement, as well as all claims that may arise following the execution of this agreement. Any money used for the benefit of the other party will be presumed to be a gift to the other party, as contrasted with a payment for which reimbursement or repayment is later expected, unless the parties agree otherwise in writing. This waiver applies during the lifetime of both parties, as well as on the death of either or both parties. This waiver extends to any rights, whether choate or inchoate, that may arise under the laws of Texas or any other jurisdiction. Each party further agrees that, by signing this agreement and accepting any bene­fit whatsoever under it, [he or she/he/she] is estopped from making any claim of any kind at any time to any separate property or the separate estate of the other party, except as may expressly be provided for in this agreement.

Article 7 

Liabilities

7.1Liabilities of [name of party A]

The liabilities and obligations described in Schedule G, which is attached to this agree­ment and made a part of it for all purposes, and all other liabilities and obligations of [name of party A] as of the date of the parties’ execution of this agreement that are not included in Schedule G are partitioned to [name of party A] as the sole and separate property liabilities and obligations of [name of party A] and must be satisfied and paid solely from [his/her] separate estate. [Name of party A] agrees to forever hold harmless, indemnify, and defend [name of party B] and [her/his] property from any claim arising from these liabilities and obligations.

Any taxes, interest, or penalties that [name of party A] may owe to any taxing authority, foreign or domestic, for years or taxable periods before the date of the parties’ execution of this agreement are the sole and separate property liabilities and obligations of [name of party A], to be satisfied and paid solely from [his/her] separate estate and from which [he/she] agrees to forever hold harmless, indemnify, and defend [name of party B] and [her/his] prop­erty from any claim.

7.2Liabilities of [name of party B]

The liabilities and obligations described in Schedule H, which is attached to this agree­ment and made a part of it for all purposes, and all other liabilities and obligations of [name of party B] as of the date of the parties’ execution of this agreement that are not included in Schedule H are partitioned to [name of party B] as the sole and separate property liabilities and obligations of [name of party B] and must be satisfied and paid solely from [her/his] separate estate. [Name of party B] agrees to forever hold harmless, indemnify, and defend [name of party A] and [his/her] property from any claim arising from these liabilities and obligations.

Any taxes, interest, or penalties that [name of party B] may owe to any taxing authority, foreign or domestic, for years or taxable periods before the date of the parties’ execution of this agreement are the sole and separate property liabilities and obligations of [name of party B], to be satisfied and paid solely from [her/his] separate estate and from which [she/he] agrees to forever hold harmless, indemnify, and defend [name of party A] and [his/her] prop­erty from any claim.

Article 8 

Management of Properties

8.1Management of Properties

Each party has the full, free, and unrestricted right to manage the separate property over which [he or she/he/she] has control under section 3.101 of the Texas Family Code or suc­ceeding provisions of similar import and nature, including without limitation the right to con­vey or encumber the property; to dispose of it by sale, gift, or otherwise; and to deal with it without taking into consideration any rights or interests of the other party. If the joinder of [name of party A] or [name of party B] (“joining party”) should be required by law in connec­tion with the execution of any document by the other party with respect to the separate prop­erty of the other party, on request and from time to time, the joining party must execute all such documents necessary to effect the desires of the other party, including gift tax returns, but without any personal liability of the joining party. Neither party has the authority to encumber or dispose of the other party’s separate property without the other party’s express written consent. Notwithstanding any of the provisions set forth in this section 8.1, the parties agree that any gift in excess of the annual gift tax exclusion that would be applied to either party’s unified lifetime credit must be consented to in writing by the parties before the making of the gift.

8.2No Legal Action against Separate Property of [name of party A]

In recognition of the fact that all property described on Schedule A of this agreement is stipulated and agreed to be the separate property of [name of party A], [name of party B] expressly disclaims any right to take any legal action against any of the entities listed on Schedule A in connection with any divorce proceeding or other legal action regarding this agreement. Specifically, [name of party B] agrees that [she/he] is not entitled to, and shall not seek, any temporary restraining order, injunctive relief, receivership, or other legal relief that would in any way restrict, inhibit, or affect the ability of any of the entities listed on Schedule A of this agreement from operating their business affairs as each entity deems appropriate, including each such entity’s right to sell, purchase, or alienate property, to transfer or pledge property, to incur or pay debt, to exercise stock options or warrants, to issue stock, to raise capital, to liquidate any assets, to enter into or change any contractual relationships, to make expenditures or incur any indebtedness, or to merge or in any way alter its business organiza­tion or form.

8.3No Legal Action against Separate Property of [name of party B]

In recognition of the fact that all property described on Schedule B of this agreement is stipulated and agreed to be the separate property of [name of party B], [name of party A] expressly disclaims any right to take any legal action against any of the entities listed on Schedule B in connection with any divorce proceeding or other legal action regarding this agreement. Specifically, [name of party A] agrees that [he/she] is not entitled to, and shall not seek, any temporary restraining order, injunctive relief, receivership, or other legal relief that would in any way restrict, inhibit, or affect the ability of any of the entities listed on Schedule B of this agreement from operating their business affairs as each entity deems appropriate, including each such entity’s right to sell, purchase, or alienate property, to transfer or pledge property, to incur or pay debt, to exercise stock options or warrants, to issue stock, to raise capital, to liquidate any assets, to enter into or change any contractual relationships, to make expenditures or incur any indebtedness, or to merge or in any way alter its business organiza­tion or form.

8.4Other Temporary Orders during Dissolution

If either party files a dissolution proceeding, the parties agree that during the pendency of the action neither party will request or seek to enforce any restraining order or injunction that could have the effect of inhibiting or prohibiting a party from making decisions concern­ing or disposing of [his or her/his/her] separate property. Further, neither party will have the right to the temporary use or possession of any separate property owned solely by the other party, either real or personal. Nothing in this section 8.4 affects the ability of either party to request or seek to enforce any order for the benefit of a child of both parties.

8.5Gift Tax Consequences

Each party retains the right to make gifts of [his or her/his/her] separate property with­out regard to blood or other relationship of the donee. Conditional on any such gift being made from the separate property of a party, the party making the gift may deem the other party as the donor of one-half of the gift for federal tax purposes, if allowable under the relevant law, but without personal liability to the deemed donor. If the deemed donor is held responsi­ble for the payment of federal gift tax, the actual donor must indemnify and hold harmless the deemed donor and [his or her/his/her] property from the liability and must reimburse the deemed donor the amount of the tax, including all penalties and interest, if any, within ten days after the deemed donor has paid any such taxes, penalties, or interest. Notwithstanding any of the provisions set forth in this section 8.5 to the contrary, the parties agree that any gift in excess of the annual gift tax exclusion that would be applied to either party’s unified life­time credit must be consented to in writing by the parties before the making of the gift.

Article 9 

Jointly Owned Property

9.1Jointly Owned Property

Following the date of this agreement, the parties may from time to time by mutual agreement have the opportunity to acquire jointly owned separate property but not own any community property. If the parties jointly acquire assets following the execution of this agree­ment, they will each own an undivided interest in the jointly acquired assets as their respective sole and separate property in an amount equal to the percentage of their respective contribu­tions toward the purchase of the assets. If the parties jointly acquire assets, and to the extent legal title to any or all of the assets can be perfected in their joint names, such as title to an automobile, boat, or real property, they will obtain title in their joint names. However, even though title to an asset acquired by the parties is held in their joint names, the percentage of ownership of such an asset will be controlled by the provisions of this article, and the taking of title in their joint names may not be interpreted to mean that each party has an undivided 50 percent ownership interest in jointly acquired assets. If legal title cannot be obtained in the parties’ joint names with respect to a jointly acquired asset, the parties agree to execute a memorandum stipulating that the asset was jointly acquired by the parties. Jointly acquired property may not be deemed to be community property but instead will constitute each party’s separate property in proportion to that party’s contribution to the purchase price; provided, however, that if there are no records verifying the amount of each party’s contribution toward the purchase of an asset, each party will own an undivided 50 percent interest in the asset. If the evidence of title reflects both parties’ names, the parties will own that property as joint tenants with right of survivorship.

Article 10 

Future Credit Transactions

10.1Credit Purchases

Any property purchased on credit is the separate property of the party in whose name the title is taken. If there is no evidence of title, the party to whom the credit was extended owns the property and is solely responsible for paying any purchase-money indebtedness with that party’s separate funds. If title to the property is taken in both parties’ names, then both parties are responsible for paying any purchase-money indebtedness with their respective sep­arate funds.

Article 11 

Reimbursement

11.1No Reimbursement Claims

[Name of party A] waives the right to assert any claim for reimbursement that [he/she] might presently or in the future have on behalf of or against the community estate. [Name of party A] further waives the right to assert any claim for reimbursement that [he/she] might presently or in the future have against the separate estate of [name of party B].

[Name of party B] waives the right to assert any claim for reimbursement that [she/he] might presently or in the future have on behalf of or against the community estate. [Name of party B] further waives the right to assert any claim for reimbursement that [she/he] might presently or in the future have against the separate estate of [name of party A].

Article 12 

Dissolution of Marriage by Divorce

12.1Dissolution of Marriage by Divorce

If the parties’ marriage is dissolved by divorce in a proceeding filed by either party, each party agrees to be bound by the provisions of this article. Neither party may assert or seek any right, title, interest, award, charge, or benefit from the separate property owned by the other party, as determined under this agreement, at the time of the divorce proceeding. Each party agrees to take in full settlement of [his or her/his/her] property rights only [his or her/his/her] property as apportioned under this agreement. All liabilities must similarly be apportioned in accordance with this agreement. To effect this provision, each party relin­quishes and disclaims any rights that party may have to seek a division of the property other than in accordance with this agreement, and each party agrees to indemnify the other party for the value of any property that may be awarded by the court in excess of what would be appor­tioned under this agreement. This article is intended to bind any court only insofar as is legally permissible, but the parties intend to fully bind each other contractually to the provisions of this article and this agreement.

Article 13 

Dissolution of Marriage by Death

13.1Dissolution of Marriage by Death

Article 14 

Undisclosed Property

14.1Undisclosed Property

All community property not listed in any schedule attached to this agreement is owned by the parties as equal cotenants with right of survivorship. Each party hereby grants, con­veys, and assigns to the other party an undivided one-half interest in any such unlisted com­munity property owned in the name of the granting party.

Article 15 

Federal Income Tax

15.1Taxes for Years Married

15.2Taxes in the Event of Divorce

In the event of a divorce, the parties agree to file separate tax returns for the year of divorce in accordance with the Internal Revenue Code. [Name of party A] agrees to timely pay and hold [name of party B] and [her/his] property harmless from any tax liability that is attrib­utable to [his/her] income during that year. [Name of party B] agrees to timely pay and hold [name of party A] and [his/her] property harmless from any tax liability that is attributable to [her/his] income during that year. Each party is solely entitled to use as a credit against [his or her/his/her] own tax liability all prepayments made by [him or her/him/her] and all deduc­tions, exemptions, and adjustments attributable to [his or her/his/her] income and expenses.

15.3Tax Refunds

Income tax refunds that may be payable to either or both parties must be divided between the parties as follows: [describe dispositions of refunds for years parties remain mar­ried and for year of divorce].

15.4Dependency Exemption

[[Name of party A]/[name of party B]] has the exclusive right to claim the dependency exemption under section 152(e) of the Internal Revenue Code for the child[ren], [name[s]], for any year in which the parties file separate returns and, if the parties are divorced, for the year of divorce and all subsequent years.

[[Name of party A]/[name of party B]] has the exclusive right to claim the dependency exemption under section 152(e) of the Internal Revenue Code for the child[ren], [name[s]], for any year in which the parties file separate returns and, if the parties are divorced, for the year of divorce and all subsequent years in which all child-support payments required by this agreement are paid as required under this agreement. [Name] shall sign and deliver to [name] IRS Form 8332, “Release of Claim to Exemption for Child of Divorced or Separated Parents,” within [number] business days of [the date of the entry of the divorce decree/its presentation annually by [name]].

15.5Definitions

Terms used in this section are defined as follows: “Income” attributable to a party includes personal earnings, spousal support, and revenue from separate property and the increase and mutations thereof. “Tax liability” includes all penalties and interest related to the tax in question and includes all accounting, legal, and other expenses in connection with the determination or redetermination of the tax, penalty, or interest. “Prepayments” includes all taxes withheld from wages during, and all estimated tax payments made for, the calendar year in question. Any divorce will be regarded as granted when the divorce decree is signed by the court.

Article 16 

Arbitration

16.1Arbitration

The provisions for binding arbitration must be in accordance with Texas arbitration law, including but not limited to sections 6.601 and 153.0071 of the Texas Family Code.

The parties agree to submit to binding arbitration any dispute or controversy regarding the validity, interpretation, or enforceability of this agreement, as well as all issues involving its enforcement in connection with a dissolution proceeding between the parties. Each party expressly waives any right to trial by a court or trial by a jury. If a dissolution proceeding or declaratory judgment proceeding is filed in Texas, the arbitrator appointed under this agree­ment will simultaneously be designated as special master under the Texas Rules of Civil Pro­cedure, and the parties agree to jointly apply to the court for any orders that are necessary to vest the arbitrator with all powers and authority of a special master under the rules.

The parties agree to appoint one arbitrator, whose decisions will be binding in all respects. Any arbitrator appointed by the parties must be an attorney who has undergone arbi­tration training conducted by the American Bar Association or the American Academy of Matrimonial Lawyers and is in good standing with the State Bar of Texas. [Include if applica­ble: The arbitrator must also be board certified in family law by the Texas Board of Legal Spe­cialization.] The first party requesting arbitration must designate the name of an arbitrator in the request. The other party must then designate the name of an arbitrator. If the parties cannot agree on an arbitrator within fourteen days after either party’s written request for arbitration, the two designees must select a qualified arbitrator, who will be designated the sole arbitrator of the dispute. If the parties cannot agree on the ground rules and procedures to be followed during the arbitration proceedings, the arbitrator shall have the sole authority to establish the ground rules and procedures to be followed during the arbitration proceeding. The parties agree to attend the arbitration on the date and at the time and place set by the arbitrator. The cost of arbitration must be borne as the arbitrator directs. The award of the arbitrator will be binding and conclusive on the parties, and a judgment setting forth the arbitration award may be entered in any court of competent jurisdiction.

Article 17 

General Provisions

17.1Effective Date

This agreement takes effect when it is executed by both parties and will remain in effect during the remainder of the parties’ marriage and thereafter, until it is fully performed, amended, or revoked, even when the parties’ marriage is dissolved by death or otherwise.

17.2Execution of Documents

Each party agrees to cooperate fully with the other in performing all acts and in execut­ing, acknowledging, and delivering all instruments and documents required to accomplish the intent of this agreement, including but not limited to deeds, assignments, and promissory notes. Each party agrees to execute all documents required to accomplish the intent of this agreement within fourteen days after the documents are presented to the party for execution.

17.3Incorporation of Schedules

All schedules and other instruments referred to in this agreement are incorporated into this agreement as completely as if they were copied verbatim in the body of it.

17.4Presumption of Separate Property

Any property held in [name of party A]’s individual name is presumed to be the sepa­rate property of [name of party A]. Any property held in [name of party B]’s individual name is presumed to be the separate property of [name of party B]. Any property or liability inadver­tently omitted from the schedules attached to this agreement is the separate property or liabil­ity of the party to whom it belongs or by whom it was incurred.

17.5Enforceability

This agreement may be enforced by suit in law or equity by either of the parties or by their heirs, executors, attorneys, or assigns. Each party agrees that, by signing this agreement and accepting any benefit whatsoever under it, [he or she/he/she] is estopped and barred from making any claim of any kind at any time to any separate property or the separate estate of the other party or any property described in this agreement as being the separate property of the other party. Each party waives [his or her/his/her] right to make claims to any separate prop­erty of the other party or to any property designated as belonging to the separate estate of the other party, whether the property is acquired before or after this agreement is signed.

17.6Successors

This agreement binds and inures to the benefit of the parties and their respective lega­tees, devisees, heirs, executors, legal and personal representatives, assigns, transferees, and successors in interest.

17.7Amendment or Modification

This agreement may be waived, abandoned, modified, amended, discharged, or termi­nated only by a written instrument signed by both parties that specifically identifies the waiver, abandonment, modification, amendment, discharge, or termination.

17.8Attorney’s Fees and Expenses for Enforcement

If either party brings an action or other proceeding to enforce this agreement or to enforce any judgment, decree, or order made by a court in connection with this agreement, the prevailing party will be entitled to recover reasonable attorney’s fees and other necessary costs from the other party. If either party files a declaratory judgment proceeding to determine the enforceability of this agreement, neither party will be entitled to an award of attorney’s fees unless a party successfully challenges the validity of this agreement, in which event the court will be authorized to award attorney’s fees. If either party seeks to invalidate some or all of this agreement or seeks to recover property in a manner at variance with this agreement, the successful party will be entitled to recover reasonable attorney’s fees and other necessary costs from the other party.

17.9Exclusive Remedy for Nonmonetary Breach

Except as expressly provided otherwise in this agreement, the exclusive judicial rem­edy of either party against the other for failure to perform any nonmonetary duty or obligation under any provision of this agreement is judicial enforcement by judgment for specific perfor­mance or mandatory injunction and writ of execution to compel performance, plus reasonable attorney’s fees. Neither party is entitled to recover any damages, actual or consequential, for any nonmonetary breach. No failure of either party to perform any nonmonetary duty or obli­gation under this agreement diminishes or impairs the full effectiveness of its provisions.

17.10 Waiver of Breach or Term

The waiver of any breach of any provision of this agreement does not waive any other breach of that or any other provision. Waiver of any term of this agreement may be accom­plished only concerning future performance and only by a written instrument signed by both parties expressly stating the provisions waived.

17.11 Partial Invalidity

If any provision of this agreement is for any reason found to be unenforceable, all other provisions nonetheless remain enforceable.

17.12 Assignment Prohibited

This agreement is personal to the parties, and neither party may assign or delegate any of [his or her/his/her] rights or obligations under it.

17.13 Entire Agreement

This instrument contains the parties’ entire agreement on the subject it purports to cover. This agreement replaces any earlier agreements or understandings, whether written or oral, and there are no contemporaneous written or oral agreements that are not fully expressed in it.

17.14 Titles and Captions

Article headings, titles, and captions contained in this agreement are merely for refer­ence and do not define, limit, extend, or describe the scope of this agreement or any provision.

17.15 No Construction against Draftsman

No provision of this agreement may be interpreted for or against any party because the party or the party’s legal representative drafted the provision.

17.16 Representation

The attorney representing [name of party A] is [name]. The attorney representing [name of party B] is [name]. [Name of party A] has not received any legal, financial, or other kind of advice from [name of party B] or from [her/his] attorney, [name], in connection with the advisability or nonadvisability of entering into this agreement. [Name of party B] has not received any legal, financial, or other kind of advice from [name of party A] or from [his/her] attorney, [name], in connection with the advisability or nonadvisability of entering into this agreement. [Name of party A] is relying on [his/her] own judgment and the advice of [his/her] attorney in entering into this agreement. [Name of party B] is relying on [her/his] own judg­ment and the advice of [her/his] attorney in entering into this agreement.

[[Name of party A]/[name of party B]] acknowledges that [he/she] has had the opportu­nity to retain independent counsel to represent [him/her] in connection with this agreement and that [he/she] has been encouraged by [[name of party B]/[name of party A]] and others to obtain an attorney of [his/her] choice to represent [him/her], but that [he/she] has specifically declined to do so and is relying on [his/her] own judgment in entering into this agreement. Notwithstanding the fact that [[name of party A]/[name of party B]] has represented [himself/herself] in this matter, [[name of party A]/[name of party B]] reaffirms the warranties made by [him/her] in this agreement and further represents and warrants that [he/she] has the requisite knowledge, skill, and training to fully understand the consequences of [his/her] execution of this agreement. Finally, [[name of party A]/[name of party B]] represents and warrants that [he/she] has not received any legal, financial, or other kind of advice from [[name of party B]/[name of party A]] or [name] or any other attorney with the law firm of [name] in connection with the advisability or nonadvisability of entering into this agreement.

17.17 Nondisqualification

If any dispute arises out of this agreement, whether by arbitration or litigation, each party waives any claim of disqualification against representation of the other party by the attorneys who participated in negotiating and drafting this agreement.

17.18 Place of Performance; Governing Law; Application

All rights, duties, and obligations under this agreement are payable and enforceable in [county] County, Texas.

Texas law in effect as of the date this agreement is signed governs the construction, interpretation, and enforcement of this agreement to the maximum extent permitted by law.

The parties expressly intend and agree that this agreement applies to and governs all real and personal property, wherever situated, owned by either party at the time this agree­ment is signed or acquired by either party thereafter, regardless of any change of domicile of the parties or the location of the real estate. If one or both of the parties ever becomes domi­ciled in a jurisdiction other than Texas, the status of all property thereafter acquired by that party must be controlled to the maximum extent by the terms of this agreement interpreted under Texas law in effect when this agreement is signed. The desire of the parties that each preserve [his or her/his/her] separate property or separate estate under Texas law and keep it free from the claims of the other party corresponds to their desire that each party should have and hold the property free from the claims of the other party under the laws of all other juris­dictions, even if the other jurisdictions do not recognize community property but instead speak of “marital property” and “nonmarital property” or like terms. For any property of either party whose ownership is not controlled by the marital property laws of Texas, when this agreement speaks of property as being the separate property of a party, reference is made to property acquired in such a manner that it would meet the definition of separate property under the Texas Constitution or the Texas Family Code, as amended.

17.19 Suits Affecting the Parent-Child Relationship

Nothing in this agreement affects either party’s rights in any suit affecting the parent-child relationship.

17.20 Multiple Originals

This agreement is executed in multiple originals. This agreement is signed after the execution of the Waiver of Disclosure of Financial Information.

Article 18 

Representations and Warranties

Warning

Each party to this agreement understands that by signing this document [he or she/he/she] is permanently surrendering rights and claims [he or she/he/she] would otherwise have under Texas law and under the law of other jurisdic­tions.

18.1Representations and Warranties of [name of party A]

My name is [name of party A]. I represent and warrant that:

1.I have carefully read each and every page of this agreement [include if applicable: and all schedules attached or referred to, in their entirety].

2.I am fully and completely informed by my attorney about the law relating to the subject matter of this agreement and about the spousal rights and liabilities of both parties.

3.I am entering into this agreement voluntarily [include if applicable: after receiving the advice of independent counsel].

4.I have given careful and mature thought to the making of this agreement.

5.I fully and completely understand each provision of this agreement, concerning both the subject matter and the legal effect. I further acknowledge that this agreement was not procured by fraud, duress, or overreaching.

6.I have investigated the property and financial obligations of [name of party B] suf­ficiently to satisfy any questions I have in that regard, and I expressly waive any right to dis­closure of the property and financial obligations of [name of party B] beyond the disclosures provided.

7.I am not relying on any fiduciary obligations owed by one party to the other or on any duty of disclosure founded on a confidential or other relationship between the parties. Furthermore, I am not relying on any legal or accounting advice or representation of fact or law provided by [name of party B] or anyone acting on [her/his] behalf.

8.I fully understand that, by signing this agreement and accepting any benefit what­soever under it, I will be estopped from making any claim of any kind at any time to any sep­arate property or the separate estate of [name of party B], except as expressly provided for in this agreement.

9.I fully understand that by executing this agreement I may be adversely affecting my inheritance rights and property [include if applicable: and that I am permanently surrender­ing rights to income and property I would otherwise have under Texas law].

10.I am executing this agreement with intent to be bound fully by all its terms.

   
[Name of party A]

18.2Representations and Warranties of [name of party B]

My name is [name of party B]. I represent and warrant that:

1.I have carefully read each and every page of this agreement [include if applicable: and all schedules attached or referred to, in their entirety].

2.I am fully and completely informed by my attorney about the law relating to the subject matter of this agreement and about the spousal rights and liabilities of both parties.

3.I am entering into this agreement voluntarily [include if applicable: after receiving the advice of independent counsel].

4.I have given careful and mature thought to the making of this agreement.

5.I fully and completely understand each provision of this agreement, concerning both the subject matter and the legal effect. I further acknowledge that this agreement was not procured by fraud, duress, or overreaching.

6.I have investigated the property and financial obligations of [name of party A] suf­ficiently to satisfy any questions I have in that regard, and I expressly waive any right to dis­closure of the property and financial obligations of [name of party A] beyond the disclosures provided.

7.I am not relying on any fiduciary obligations owed by one party to the other or on any duty of disclosure founded on a confidential or other relationship between the parties. Furthermore, I am not relying on any legal or accounting advice or representation of fact or law provided by [name of party A] or anyone acting on [his/her] behalf.

8.I fully understand that, by signing this agreement and accepting any benefit what­soever under it, I will be estopped from making any claim of any kind at any time to any sep­arate property or the separate estate of [name of party A], except as expressly provided for in this agreement.

9.I fully understand that by executing this agreement I may be adversely affecting my inheritance rights and property [include if applicable: and that I am permanently surrender­ing rights to income and property I would otherwise have under Texas law].

10.I am executing this agreement with intent to be bound fully by all its terms.

   
[Name of party B]

EXECUTED in multiple originals on the dates and at the times of the acknowledg­ments shown below.

State of Texas)

County of)

This instrument was acknowledged before me at ____________ __.m. on __________________ by [name of party A].

   
Notary Public, State of Texas

I, the notary public whose signature appears above, certify that I am not an attorney representing either party to this agreement.

   

State of Texas)

County of)

This instrument was acknowledged before me at ____________ __.m. on __________________ by [name of party B].

   
Notary Public, State of Texas

I, the notary public whose signature appears above, certify that I am not an attorney representing either party to this agreement.