Postnuptial Agreement Amendment (England and Wales)

This Amendment of Postnuptial Agreement is designed for use in England and Wales. This legal form is available for immediate download.

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Occasionally after a postnuptial agreement has been entered into, the couple may agree that a change must be made to the original contract due to a change in circumstances. Typically the original agreement will contain a provision allowing its amendment and also setting out an amendment procedure which must be followed to ensure the amendment is valid. This Amendment of Postnuptial Agreement will set forth an amendment to a postnuptial agreement in writing, rather than by oral agreement, thus avoiding future problems and misunderstandings.

Among others, this form includes the following provisions:
  • Amendment
  • Other Terms of the Postnuptial Agreement
  • Binding Effect
This lawyer-prepared packet contains:
  1. Instructions and Checklist
  2. General Information
  3. Amendment of Postnupital Agreement for use in England and Wales
Law Compliance: This form complies with the laws of England and Wales
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












Amendment of Postnuptial Agreement
(England and Wales)











This Packet Includes:
1. Instructions and Checklist
2. General Information
3. Amendment of Postnuptial Agreement






Instructions and Checklist
 Amendment of Postnuptial Agreement

   Check the original contract to ensure that the amendment procedures in that agreement are met.

   Each of you should be represented by separate and independent counsel before signing the amendment.  This will serve to convince the court that neither party signed the amendment without proper information or under the influence of the other party.  “Separate” means that you and your spouse have different solicitors. “Independent” means that your solicitor is not beholden to your spouse, or being compensated to serve his or her interests instead of yours.

   Finally, the postnuptial agreement must be fair and reasonable, including any amendments to the postnuptial agreement.  This means, in essence, that the agreement, including the amendment, cannot leave one of the parties with the lions share of property and leave the other destitute.  If there is a risk that either party (or any minor child of either party) would require social assistance because of the distributions created by the agreement, the court may set aside that agreement.

   This form contains the basic terms and language that should be included in similar agreements.  Laws vary from time to time. These forms are not intended and are not a substitute for legal advice. This form should only be a starting point for you and should not be used or signed before first consulting with a solicitor to ensure that it addresses your particular situation. A solicitor should be consulted before negotiating any document with another party.

   The purchase and use of these forms is subject to the “Terms of Use” found at www.findlegalforms.com 







General Information
Amendment of Postnuptial Agreement

Occasionally after a postnuptial agreement has been entered into the couple may agree that a change must be made to the original contract.  For example, there may be some change in circumstances or a re-evaluation of the situation.  Typically, the original postnuptial agreement will have a provision allowing amendment of the agreement and may also set out an amendment procedure. This procedure must be followed to ensure that the amendment is valid.

By having a written rather than oral amendment, the parties can avoid many future problems and misunderstandings surrounding the modified terms.





DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice. Only a solicitor can provide legal advice.  A solicitor should be consulted for all serious legal matters.  No Solicitor-Client relationship is created by use of these materials.  

THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 



AMENDMENT TO POSTNUPTIAL AGREEMENT


This Amendment to Postnuptial Agreement (this “Amendment”) is entered as of ____________________, 20____ by and between __________________________________ (“Husband”) and _____________________ _______________________________________ (“Wife”) (hereinafter collectively referred to as the “Parties”).

WHEREAS, the Parties entered into that certain Postnuptial agreement dated ____________________, 20___ (the “Postnuptial Agreement”); and
WHEREAS, the Parties have each retained their own separate and independent solicitors, and have received independent legal advice regarding the terms of this Amendment; and
WHEREAS, the Parties acknowledge that they have been provided with at least seven (7) days to review this Amendment and obtain legal advice before executing this Amendment; and
WHEREAS, the Parties have read and understand this Amendment, are executing this Amendment voluntarily; and
WHEREAS, the Parties wish to amend the Postnuptial Agreement
NOW, THEREFORE, the Parties hereby agree as follows:

AMENDMENT:  The Postnuptial Agreement is amended as follows:___________________
___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

OTHER TERMS OF THE POSTNUPTIAL AGREEMENT:  The Parties agree that all other terms, conditions and obligations of the Postnuptial Agreement remain in effect except for those provisions of the Postnuptial Agreement that are directly contradicted by this Amendment, in which event the terms of this Amendment shall control.  

BINDING EFFECT: The covenants and conditions contained in this Amendment shall apply to and bind the parties and the heirs, legal representatives, successors and permitted assigns of the Parties.

HUSBAND:                  WIFE:            

___________________________________      _________________________________

___________________________________      _________________________________
(Name)                  (Name)


Signed in the presence of:
_______________________________________Witness
_______________________________________Witness

Number of Pages6
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#33971
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












Amendment of Postnuptial Agreement
(England and Wales)











This Packet Includes:
1. Instructions and Checklist
2. General Information
3. Amendment of Postnuptial Agreement






Instructions and Checklist
 Amendment of Postnuptial Agreement

   Check the original contract to ensure that the amendment procedures in that agreement are met.

   Each of you should be represented by separate and independent counsel before signing the amendment.  This will serve to convince the court that neither party signed the amendment without proper information or under the influence of the other party.  “Separate” means that you and your spouse have different solicitors. “Independent” means that your solicitor is not beholden to your spouse, or being compensated to serve his or her interests instead of yours.

   Finally, the postnuptial agreement must be fair and reasonable, including any amendments to the postnuptial agreement.  This means, in essence, that the agreement, including the amendment, cannot leave one of the parties with the lions share of property and leave the other destitute.  If there is a risk that either party (or any minor child of either party) would require social assistance because of the distributions created by the agreement, the court may set aside that agreement.

   This form contains the basic terms and language that should be included in similar agreements.  Laws vary from time to time. These forms are not intended and are not a substitute for legal advice. This form should only be a starting point for you and should not be used or signed before first consulting with a solicitor to ensure that it addresses your particular situation. A solicitor should be consulted before negotiating any document with another party.

   The purchase and use of these forms is subject to the “Terms of Use” found at www.findlegalforms.com 







General Information
Amendment of Postnuptial Agreement

Occasionally after a postnuptial agreement has been entered into the couple may agree that a change must be made to the original contract.  For example, there may be some change in circumstances or a re-evaluation of the situation.  Typically, the original postnuptial agreement will have a provision allowing amendment of the agreement and may also set out an amendment procedure. This procedure must be followed to ensure that the amendment is valid.

By having a written rather than oral amendment, the parties can avoid many future problems and misunderstandings surrounding the modified terms.





DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice. Only a solicitor can provide legal advice.  A solicitor should be consulted for all serious legal matters.  No Solicitor-Client relationship is created by use of these materials.  

THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 



AMENDMENT TO POSTNUPTIAL AGREEMENT


This Amendment to Postnuptial Agreement (this “Amendment”) is entered as of ____________________, 20____ by and between __________________________________ (“Husband”) and _____________________ _______________________________________ (“Wife”) (hereinafter collectively referred to as the “Parties”).

WHEREAS, the Parties entered into that certain Postnuptial agreement dated ____________________, 20___ (the “Postnuptial Agreement”); and
WHEREAS, the Parties have each retained their own separate and independent solicitors, and have received independent legal advice regarding the terms of this Amendment; and
WHEREAS, the Parties acknowledge that they have been provided with at least seven (7) days to review this Amendment and obtain legal advice before executing this Amendment; and
WHEREAS, the Parties have read and understand this Amendment, are executing this Amendment voluntarily; and
WHEREAS, the Parties wish to amend the Postnuptial Agreement
NOW, THEREFORE, the Parties hereby agree as follows:

AMENDMENT:  The Postnuptial Agreement is amended as follows:___________________
___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

OTHER TERMS OF THE POSTNUPTIAL AGREEMENT:  The Parties agree that all other terms, conditions and obligations of the Postnuptial Agreement remain in effect except for those provisions of the Postnuptial Agreement that are directly contradicted by this Amendment, in which event the terms of this Amendment shall control.  

BINDING EFFECT: The covenants and conditions contained in this Amendment shall apply to and bind the parties and the heirs, legal representatives, successors and permitted assigns of the Parties.

HUSBAND:                  WIFE:            

___________________________________      _________________________________

___________________________________      _________________________________
(Name)                  (Name)


Signed in the presence of:
_______________________________________Witness
_______________________________________Witness

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