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Waiver of Financial Disclosure Affidavit

A waiver of financial disclosure affidavit waives the liability of a spouse from sharing their financials prior to entering into an agreement. This is common when entering into a prenuptial or postnuptial agreement that, under state law, each spouse is required to disclose their assets and liabilities (debts).
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Updated September 26, 2024

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Signing Requirements

Both spouses must sign this waiver in the presence of a notary public.

Sample

WAIVER OF FINANCIAL DISCLOSURE

This Waiver of Financial Disclosure (“Waiver”) is entered into on [DATE] by and between:

Spouse 1: [SPOUSE’S NAME] with a mailing address of [MAILING ADDRESS].

Spouse 2: [SPOUSE’S NAME] with a mailing address of [MAILING ADDRESS].

Both spouses entered into this action, pro se or through counsel, hereby waive the mandatory disclosure required under state law and acknowledge the following:

ACKNOWLEDGMENT

Each spouse agrees to the following statement with the placement of their initials:

[INITIAL] / [INITIAL] – I understand that the financials of the other spouse will not be disclosed to me in accordance with my rights under state law. This may or may not negatively affect my “standard of living” and my position in any additional agreements that are signed.

[INITIAL] / [INITIAL] – I understand that I am making this agreement out of my own free will and without coercion, intimidation, or threat of retaliation. I acknowledge that my spouse has not exerted any undue pressure or influence on me in this regard.

[INITIAL] / [INITIAL] – I have had reasonable time to determine whether to enter into this Waiver and fully understand its terms. It is known that any request for additional time for me to review this Waiver, and my rights, would be provided to me.

[INITIAL] / [INITIAL] – I agree that this waiver prohibits me from viewing any of the following documents: tax returns, pay stubs, bank statements, credit card balances, deeds to real estate, brokerage accounts, retirements accounts, life insurance policies, estate documents, child support payments, alimony payments, and any other sensitive financial information.

[INITIAL] / [INITIAL] – I understand once this Waiver is signed, it is considered final and legally binding.

Spouse’s Signature: _________________________ Date: _________________

Print Name: _______________________________

Spouse’s Signature: ________________________ Date: _________________

Print Name: _______________________________

NOTARY ACKNOWLEDGMENT

State of [STATE]

County of [COUNTY]

On [DATE], before me appeared [SPOUSE’S NAME] and [SPOUSE’S NAME] of this Waiver of Financial Disclosure who proved to me through government-issued photo identification to be the above-named persons, in my presence executed the foregoing instrument and acknowledged that (s)he executed the same as his/her free act and deed.

_______________________________
Notary Public

_______________________________
Print Name

My commission expires: ___________

(SEAL)