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Sample Prenuptial Agreement

Notice: This free prenuptial agreement form is provided for general informational purposes. Before you utilize any legal form you find on the Internet, you should have it reviewed by a lawyer in your jurisdiction to be sure that it meets your legal needs, and will be held valid by a court in the jurisdiction where you reside. For best results, both parties to a prenuptial agreement should be represented by counsel of their choice, the agreement should be custom-drafted to their specific circumstances and the law of the jurisdiction in which they reside, and the prenuptial agreement should be executed at least a month before the wedding date.

Prenuptial Agreement

This pre-marital agreement is made on this ____ day of ______, 200__, between ________________ and ________________ .

Whereas the parties intend to marry under the laws of the State of _______________, and wish to set forth in advance of their marriage the rights and privileges that each will have in the property of the other in the event of death, divorce, or other circumstance which results in the termination of their marriage;

Whereas the parties have made to each other a full and complete disclosure of their assets, as set forth in Exhibits 1 and 2 to this agreement;

Whereas both parties have been represented by independent counsel of their own choosing, and whereas both parties have received a full and complete explanation of their legal rights, the consequences of entering into this pre-marital agreement, and the rights they would possess were it not for their voluntary entry into this agreement; and

Whereas both parties acknowledge that they have read and understand this agreement, have not been subjected to any form of coercion, duress, or pressure, and believe this agreement to be fair and to represent their intentions with regard to their assets and to any estate that shall result from their marriage;

The parties hereby agree as follows:

  1. Each party shall separately retain all of his or her rights in his or her separate property, as enumerated in Exhibits 1 and 2 to this agreement, free and clear of any claim of the other party, without regard to any time or effort invested during the course of the marriage in the maintenance, management, or improvement of that separate property.
  2. At all times, the parties shall enjoy the full right and authority with regard to their separate property as each would have had if not married, including but not limited to the right and authority to use, sell, enjoy, manage, gift and convey the separate property. Both parties agree to execute any documentation necessary to permit the other to exercise these rights, provided the act of executing the documentation does not impose upon them any legal or financial responsibility for the separate property of the other.
  3. The parties agree that each shall be responsible for any tax obligations associated with their separate property.
  4. The parties agree that neither shall contest the validity or provisions of any will, account, trust agreement, or other instrument executed by the other which disposes of his or her separate property or which creates any interest therein in another. To the extent that such an action would create any right or interest in the separate property of the other, both parties hereby waive any right in the property of the other, whether created by statute or common law, including but not limited to any right to elect against the will of the other, or to take an intestate share of the other's property. The wife hereby waives any dower interest in the husband's separate property, and the husband hereby waives any curtesy interest in the wife's separate property.
  5. In the event of separation or divorce, the parties shall have no right against each other for division of property existing of this date.
  6. Both parties acknowledge that they possess sufficient education and job skills to adequately provide for their own support, and hereby waive any claim to spousal support (alimony) except in the event that:
    1. One of the parties suffers medical disability and the other remains both employed and physically able, in which case the disabled party may receive reasonable spousal support consistent with state law until such time as the disability is resolved, or the other spouse retires or becomes disabled from working, either by agreement or by judicial determination;
    2. The parties mutually agree that one of the parties shall reduce his or her work hours, or shall refrain from working, in order to care for any children born during the course of the marriage, in which case, if the parent's employability is affected by this full or partial withdrawal from employment, that parent may receive reasonable remedial spousal support consistent with state law for a period of not more than two years, either by agreement or judicial determination.
  7. In the event of separation or divorce, marital property acquired after marriage shall remain subject to division, either by agreement or by judicial determination.
  8. This agreement shall be binding and inure to the benefit of the parties, their successors, assigns, and legal representatives.
  9. Without regard to the location of any property affected by this agreement, this agreement shall be interpreted and enforced under the laws of the state of ____________. In the event that any portion of this agreement shall be held invalid or unenforceable, it is the intent of the parties that all provisions of this agreement be regarded as separable, and that all remaining provisions remain in full force and effect. It is further the desire of the parties that all provisions of this agreement be considered as evidence of their intentions by any court, arbitrator, mediator, or other authority which seeks to divide their estate, and that their intentions be respected whatever the legal status of this agreement or any of its terms.
  10. This Agreement and the exhibits attached hereto contain the entire agreement of the parties. This Agreement may only be amended by a written document duly executed by both parties.

Signed this ______________ day of _________________, 20___

_______________________________________
Fiance

_______________________________________
Fiancée

Signed in the presence of:

_______________________________________
Witness

_______________________________________
Witness

[Note- Each witness should sign separately. You may wish to execute the agreement before a notary public.]


Post-Marital Endorsement

The parties, having entered into this prenuptial agreement in advance of their wedding, which was held on the ____ day of ________, 200__, hereby reaffirm that they entered into this agreement voluntarily, free from coercion, duress, or pressure, with the benefit of the advice of independent counsel of their own choosing, and continue to believe this agreement to be fair and to represent their intentions with regard to their assets and to any estate that shall result from their marriage.

Signed this ______________ day of _________________, 20___

_______________________________________
Husband

_______________________________________
Wife

Signed in the presence of:

_______________________________________
Witness

_______________________________________
Witness

[Note- Each witness should sign separately. You may wish to execute the post-nuptial endorsement before a notary public.]