Prenuptial Agreement - Template, Sample Form Online Pro · US-law

PRENUPTIAL AGREEMENT

State of ________

THIS PRENUPTIAL AGREEMENT (this "Agreement") is made and entered into on ________ (the "Effective Date"),

BY AND BETWEEN:

________, residing at ________ ("Prospective Spouse One"),

-AND-

________, residing at ________ ("Prospective Spouse Two").

Prospective Spouse One and Prospective Spouse Two are collectively referred to as the "Parties" and individually as a "Party."

RECITALS

A. The Parties are presently engaged to be married to one another, and contemplate solemnizing their marriage on or about ________.

B. This Agreement is intended to constitute a premarital (prenuptial) agreement enforceable under the laws of the State of ________, including, where applicable, the Uniform Premarital Agreement Act as adopted in that State, and shall become effective only upon, and is expressly made in contemplation of, the Parties' lawful marriage.

C. The Parties wish to define and set forth their respective rights, interests, and obligations with respect to the property and financial affairs of each Party, both presently owned and hereafter acquired, and to determine the status, ownership, management, and disposition of such property during the marriage and in the event of separation, divorce, dissolution, annulment, or the death of either Party.

D. The Parties further wish to describe their respective rights and liabilities that may arise as a result of the marital relationship.

E. The Parties acknowledge and agree that, in the event of any future disagreement or dispute between them, the status, ownership, and division of any property owned by either or both of them shall be governed exclusively by the terms of this Agreement, and that, to the fullest extent permitted by law, they intend to waive and contract out of any statutory or common-law property and support rights, whether arising under federal or state law, that would otherwise apply to them.

F. Each Party acknowledges that he or she has been afforded a reasonable period of time to review this Agreement prior to signing it.

G. Each Party acknowledges that he or she has had the opportunity to retain independent legal counsel of his or her own choosing to obtain independent legal advice regarding the meaning, effect, and legal consequences of this Agreement, and that each Party has either obtained such counsel or has knowingly and voluntarily waived the right to do so. Counsel for Prospective Spouse One is ________; counsel for Prospective Spouse Two is ________.

H. Each Party has made a fair and reasonable disclosure of his or her property, assets, income, and financial obligations to the other, as set forth in the written financial disclosure statements attached hereto as Schedule A (Prospective Spouse One) and Schedule B (Prospective Spouse Two) and incorporated herein by reference, and each Party expressly and voluntarily waives any right to further or additional disclosure beyond that already provided.

I. Each Party agrees and affirms the following:

1. Each Party has executed this Agreement voluntarily and of his or her own free will;

2. This Agreement is not unconscionable and was not unconscionable when executed;

3. Prior to the execution of this Agreement, each Party was provided with a fair and reasonable disclosure of the property and financial obligations of the other Party;

4. Each Party has, or reasonably could have had, adequate knowledge of the property and financial obligations of the other Party; and

5. Each Party has entered into this Agreement freely, knowingly, and without fraud, duress, coercion, or undue influence by the other Party or any other person.

J. The Parties acknowledge that this Agreement shall remain in full force and effect notwithstanding the termination of the marriage, whether by divorce, dissolution, annulment, death, or otherwise.

NOW, THEREFORE, in consideration of the impending marriage and of the mutual promises, covenants, and agreements contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

ARTICLE I. SEPARATE AND MARITAL PROPERTY

§ 1. This Agreement shall govern the determination of ownership and division of all property in the event of the Parties' separation, divorce, dissolution, or annulment, or upon the death of a Party.

§ 2. Except as otherwise expressly provided in this Agreement, any and all property owned by a Party before the marriage shall remain the separate property of that Party after the marriage. Such separate property includes, without limitation:

(a) all real or personal property, together with the income, rents, profits, appreciation, proceeds, investments, and reinvestments of such property; and

(b) all property acquired by either Party by gift, devise, bequest, or inheritance, whether before or during the marriage.

§ 3. Neither Party shall, before or after the marriage, acquire for himself or herself, or for his or her assignees or creditors, any interest in the separate property of the other Party, nor any right to use, control, benefit from, or dispose of such property, except with the written consent of the owning Party.

§ 4. Each Party shall have the absolute right, at all times, to manage, sell, transfer, convey, gift, encumber, or otherwise dispose of any or all of his or her separate property by deed, sale, gift, trust, will, mortgage, lien, or any other means, upon his or her own individual signature or act and without the necessity of any action, joinder, or consent by the other Party.

§ 5. Whenever a Party (the "Owner") dealing with his or her own separate property requires the other Party (the "Non-Owner") to execute a document for the purpose of relinquishing any apparent right or interest in such property arising solely by reason of the marital relationship, the Non-Owner shall, upon request, promptly execute such document. The execution of any such document shall impose no personal liability upon, and confer no right or interest in the property to, the Non-Owner.

§ 6. All future jointly acquired or jointly held property, and the currently jointly owned property described below, however and whenever acquired, shall be owned by both Parties and treated as shared property (the "Shared Property"):

— ________

§ 7. In the event of the Parties' separation, divorce, dissolution, or annulment, or upon the death of a Party, all Shared Property shall be deemed owned equally, and each Party shall be entitled to fifty percent (50%) of the net equity therein, regardless of the initial or ongoing proportion of each Party's contribution, unless the Parties have agreed otherwise in writing.

ARTICLE II. EARNINGS DURING THE MARRIAGE

§ 8. All earnings, salaries, wages, commissions, income, pension and retirement benefits, stock, stock options, and other employee benefits resulting from the personal services or labor of either Party shall be and remain the sole and separate property of the earning Party, and each Party voluntarily relinquishes all interest in such property of the other.

§ 9. Each Party understands that, but for this Agreement, such earnings might be considered marital property subject to division, and that, by this Agreement, such earnings during the marriage are made the separate property of the Party who earned them.

§ 10. The Parties anticipate that the earnings described in this Article may be used for joint household expenses or other joint purposes. Such use shall not be construed to create or imply any joint ownership of such earnings.

ARTICLE III. DEBTS AND LIABILITIES

§ 11. This Agreement shall govern any determination of responsibility for debts and liabilities in the event of the Parties' separation, divorce, dissolution, or annulment, or upon the death of a Party.

§ 12. Except as otherwise expressly provided in this Agreement, any debt or liability incurred by either Party prior to the marriage shall remain the separate debt of the Party who originally incurred it, and the other Party shall have no liability or responsibility therefor.

§ 13. All future jointly acquired or jointly incurred debts, and the currently shared debts described below, however and whenever incurred, shall be owed by both Parties and treated as shared debts (the "Shared Debts"):

— ________

§ 14. In the event of the Parties' separation, divorce, dissolution, or annulment, or upon the death of a Party, all Shared Debts shall be deemed the equal responsibility of both Parties, and each Party shall be responsible for fifty percent (50%) of the Shared Debts, unless the Parties have agreed otherwise in writing.

ARTICLE IV. MARITAL RESIDENCE

§ 15. The Parties intend that the residence held in the name(s) of ________, located at the following address:

________

§ 16. The interests in the foregoing residence shall be altered and affected by this Agreement in the following manner:

— ________

§ 17. The expenses associated with the maintenance of the residence shall be paid as follows:

— Rental or mortgage payments shall be made by ________.

ARTICLE V. JOINT EXPENSES

§ 18. Each Party agrees to contribute an equal amount toward the payment of the joint expenses of the household, unless the Parties otherwise agree in writing.

§ 19. Joint expenses include the following:

— ________

§ 20. Nothing in this Agreement shall limit the obligation of each Party to contribute such further amounts as are reasonable and necessary from time to time for the foregoing purposes.

ARTICLE VI. WAIVER AND RELEASE OF MARITAL PROPERTY RIGHTS

§ 21. The Parties acknowledge that they are aware of the property division laws of the State of ________, and it is their express intention that such laws shall not apply to the status, ownership, interest, or division of their property, whether jointly or separately owned, now or hereafter acquired, and whether real or personal.

§ 22. The Parties covenant and agree that it is their desire and intent, by the terms of this Agreement, to contract out of the property division and equitable distribution laws of the State of ________, and to make a full and final settlement of all matters of property, both real and personal, previously, presently, or hereafter owned or acquired by either Party, to the fullest extent permitted by law. Each Party hereby waives and releases any and all rights to elect against the will of the other, to a statutory or elective share, to homestead, dower, curtesy, family allowance, and any other statutory or common-law claim against the estate or property of the other arising solely from the marital relationship, except as otherwise expressly provided herein or in a duly executed will.

ARTICLE VII. TAXES

§ 23. Nothing in this Agreement shall be construed as waiving any right of the Parties to report their income for federal or state income tax purposes in the same manner as permissible for any other spouses, any rights provided to spouses under the federal gift tax laws with respect to gifts, or any rights under the federal estate tax laws with respect to any transfer to which such laws may apply.

§ 24. If the Parties elect to file federal and state income tax returns jointly rather than separately, such election shall not create any community property or any other rights or interests in contravention of this Agreement.

§ 25. If the Parties elect to file a joint income tax return during the marriage, each shall be liable for any and all taxes attributable to his or her separate property and income, and the Parties shall equitably allocate any joint tax liability or refund attributable to jointly owned property.

ARTICLE VIII. CHILDREN

§ 26. Prospective Spouse One has the following child from a prior relationship:

________, born on ________.

§ 27. Prospective Spouse Two has the following child from a prior relationship:

________, born on ________.

§ 28. The Parties have, or anticipate having, the following child together:

________, born on ________.

§ 29. So long as Prospective Spouse Two remains married to Prospective Spouse One, Prospective Spouse Two shall provide a home and reasonable support for the health, education, maintenance, and support of Prospective Spouse One's dependent child from a prior relationship, without thereby establishing any legal obligation to continue such support upon separation, divorce, dissolution, or annulment of the marriage.

§ 30. So long as Prospective Spouse One remains married to Prospective Spouse Two, Prospective Spouse One shall provide a home and reasonable support for the health, education, maintenance, and support of Prospective Spouse Two's dependent child from a prior relationship, without thereby establishing any legal obligation to continue such support upon separation, divorce, dissolution, or annulment of the marriage.

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§ 32. Subject to § 31 and to the approval of a court of competent jurisdiction, the Parties express their present intentions regarding custody and parenting as follows, which intentions shall be advisory only and shall not bind any court:

(a) Prospective Spouse One's child from a prior relationship shall reside with Prospective Spouse One.

(b) Prospective Spouse Two's child from a prior relationship shall reside with Prospective Spouse Two.

(c) Any child born of the Parties' relationship shall reside with both parents, with the Parties intending to share joint legal custody.

§ 33. With respect to any child born of the Parties' relationship, and subject always to § 31 and court approval, the Parties express the following intended parenting arrangements:

(a) Regular Parenting-Time Schedule:

________

(b) Vacation and Holiday Schedule:

________

§ 34. The Parties express their intention to share joint legal custody of any child born of their relationship, with both parents having the right and responsibility to participate in decisions concerning the welfare, education, and health of the child in the child's best interests, subject in all respects to § 31 and court approval.

ARTICLE IX. SPOUSAL SUPPORT

§ 35. In the event of separation, divorce, dissolution, or annulment, ________ shall pay spousal support (alimony/maintenance) in the amount of $________ (________) payable ________ to ________, continuing until the death or remarriage of ________, or until ________, whichever occurs first. Such payments shall be due on the ________ day of each applicable period.

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ARTICLE X. SEVERABILITY

§ 37. In the event that any provision or part of this Agreement is determined to be invalid, illegal, or unenforceable, in whole or in part, by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain valid and enforceable to the fullest extent permitted by law.

§ 38. The Parties agree that any invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable, and that such modification shall not affect the validity or enforceability of any other provision of this Agreement.

ARTICLE XI. BINDING EFFECT

§ 39. This Agreement shall inure to the benefit of and be binding upon the Parties and their respective heirs, executors, administrators, personal representatives, successors, and permitted assigns.

ARTICLE XII. INTENTION OF THE PARTIES

§ 40. Notwithstanding that the circumstances of the Parties at the execution of this Agreement may change for many reasons, including without limitation the passage of years, it is nonetheless the intention of the Parties to be bound strictly by the terms of this Agreement at all times.

ARTICLE XIII. DUTY OF GOOD FAITH

§ 41. This Agreement creates a relationship of trust and confidence between the Parties, in which each Party agrees to act with the utmost good faith and fair dealing toward the other in all aspects of this Agreement.

ARTICLE XIV. FURTHER ASSURANCES

§ 42. The Parties agree to execute and deliver such further documents and instruments and to take such further actions as may reasonably be required to give full force and effect to each term of this Agreement.

ARTICLE XV. HEADINGS

§ 43. The headings of this Agreement form no part of it and are inserted for convenience of reference only.

ARTICLE XVI. GOVERNING LAW AND VENUE

§ 44. This Agreement shall be governed by and construed in accordance with the laws of the State of ________, without regard to its conflict-of-laws principles, with respect to the interpretation of this Agreement and the status, ownership, and division of property between the Parties, wherever either or both of them may from time to time reside. The Parties consent to the exclusive jurisdiction and venue of the courts located in ________, State of ________, for any dispute arising out of or relating to this Agreement.

ARTICLE XVII. TERMINATION OR AMENDMENT

§ 45. This Agreement may be terminated or amended only by a written instrument signed by both Parties and acknowledged in the same manner as required for the execution of this Agreement.

ARTICLE XVIII. ENTIRE AGREEMENT

§ 46. This Agreement, together with the Schedules attached hereto, constitutes the entire agreement and understanding between the Parties with respect to the subject matter addressed herein, and supersedes all prior communications, contracts, representations, or agreements between the Parties, whether oral or written.

ARTICLE XIX. VOLUNTARY EXECUTION; ACKNOWLEDGMENT OF COUNSEL

§ 47. Each Party acknowledges that he or she has read this Agreement in its entirety, understands its terms and legal effect, has had the opportunity to consult with independent legal counsel of his or her own choosing, and executes this Agreement freely, knowingly, and voluntarily, without fraud, duress, coercion, or undue influence.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.


SIGNED by ________:


_________________________________
________

____________________
DATE

In the presence of:


_________________________________
WITNESS



_________________________________
WITNESS

SIGNED by ________:


_________________________________
________

______________
DATE

In the presence of:


_________________________________
WITNESS



_________________________________

WITNESS

ACKNOWLEDGMENT

State of ________


County of ________


On this day, before me, the undersigned notary public, personally appeared ________, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the foregoing Prenuptial Agreement, and acknowledged to me that he or she executed the same of his or her own free will and volition, without any force, duress, or undue influence by any Party, for the purposes therein contained.

Given under my hand and official seal this ________ day of ________, ________.

______________________________
NOTARY PUBLIC
My commission expires: ________

ACKNOWLEDGMENT

State of ________


County of ________


On this day, before me, the undersigned notary public, personally appeared ________, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the foregoing Prenuptial Agreement, and acknowledged to me that he or she executed the same of his or her own free will and volition, without any force, duress, or undue influence by any Party, for the purposes therein contained.

Given under my hand and official seal this ________ day of ________, ________.

______________________________

NOTARY PUBLIC
My commission expires: ________