Prenuptial Agreement
Prenuptial Agreement
The Parties plan to get married in the very near future, after the signing of this document.
They both wish to set forth certain matters regarding their property and other financial
matters concerning their upcoming marriage in order to remove any doubts, questions, or
stress regarding these matters, and to eliminate contention among their heirs. The terms set
forth herein constitute the Agreement of the Parties, which may change the normal
operation of law in the event of death or a termination of the marriage during the lifetime of
the Parties. This Agreement limits or eliminates the rights of a Spouse in and to the property
and income of the other Spouse, according to the terms set forth herein.
Each of the Parties hereby agrees to accept and carry out the terms of this Agreement in
full and complete satisfaction and waiver of all his or her legal rights in and to the property
and income of the other Spouse.
This Agreement shall become effective only upon the marriage of the Parties, and shall be
invalid, null and void in the event that the planned marriage of the Parties does not occur or
the marriage occurs but is subsequently annulled.
1. Full Disclosure.
Each of the Parties understands that for this Agreement to be valid and enforceable, it must
be based on a full mutual disclosure of each Party’s financial status to the other Party. Each
of the Parties has made a full, complete and fair disclosure of all his or her property,
liabilities and income to the other Party by an itemized list delivered to the other Party which
are attached to and made a part of this Agreement. All of Husband’s financial net worth and
income is set forth in Exhibit A, which Husband verifies is true and accurate. All of Wife’s
financial net worth and income is set forth in Exhibit B, which Wife verifies to be true and
accurate.
Each of the Parties further states that he or she has fully reviewed the financial Exhibit of
the other Party, and has become familiar with the financial status, circumstances and
condition of the other Party before signing this Agreement.
2. Separate Property.
As used in this Agreement, the term “Separate Property”; means all right, title, and interest
to property, whether real property, personal property, or mixed, and wherever located,
which is owned separately by either Party. A list of the Separate Property presently owned
by the Husband is set forth in Exhibit A attached hereto. A list of the Separate Property
owned by the Wife is set forth in Exhibit B attached hereto.
Separate Property shall also include all income produced by or from any Separate Property,
the rights to all appreciation or gain, the rights to all proceeds from the sale of a Separate
Property, and the exclusive rights to manage and operate such property.
Separate Property as used herein shall also include property which is obtained or acquired
in the future after the date of this Agreement is signed (“after acquired” Separate Property),
which is: (1) obtained through sale, trade, exchange, development or improvement of
currently owned Separate Property; or (2) purchased from separately owned money or
other funds; or purchased through loans or credit separately obtained by one of the Parties;
or (3) a combination of (1) and (2); or (4) obtained or received by one of the parties by way
of gift or inheritance; and (5) any and all successor businesses, including proprietorships,
partnerships, and corporations. In general, after acquired Separate Property of a Party
usually comes from currently owned Separate Property, or separately obtained credit, or
both.
Neither Party shall have any right, title, or interest in, nor any claim against the Separate
Property of the other Party, whether currently owned or after acquired; neither during the
contemplated marriage nor after its termination during lifetime or at death;
Each Party shall have the exclusive right to dispose of any or all of his or her Separate
Property by inter-vivos (lifetime) or testamentary (at death) transfer, including by will, trust,
or gift, or by any other disposition; and
Each Party shall have the right to mortgage, encumber, hypothecate, or pledge his or her
Separate Property, in his or her sole discretion as if their contemplated marriage had not
occurred.
The Parties understand that if they are married, it may be necessary for a Spouse dealing
with his or her own Separate Property to obtain the other Spouse’s signature on certain
documents in order to satisfy the requirements of lenders, title companies, applicable law,
buyers, sellers or others. Therefore, each Party agrees that when so requested by the other
Party during the marriage, to cooperate, join, and sign documents, including contracts,
deeds, mortgages and gifts which transfer an apparent interest of the Spouse in and to the
other Spouse’s Separate Property. However, the participation of the non-owner Spouse
shall not create any personal liability on him or her, or against the property of the non-owner
Spouse, nor shall it create any interest, right or claim in the joining Spouse.
Nothing herein shall prohibit either Party from leaving any of his or her Separate Property to
the other Party by will, trust or other such method, but this provision shall not create any
right or claim by the other Party.
During the term of the marriage, the Parties may acquire jointly owned property. For all
property other than their personal residence, such acquisitions may be made either from
joint funds or through separate contributions by each Party. If made from separate
contributions, the Parties may by separate agreement specify the interest of each Party
therein. Further, in the absence of any separate agreement, each Party will be deemed to
have an equal interest in such jointly acquired property.
4. Personal Residence.
After the Parties are married, they plan to live at [Address of Residence] (the “Residence”;).
[Ownership of Residence]
[Life Estate]
The above Residence in which the Parties plan to live after their marriage is either now or
will be owned by the Party specified above (“Owner Spouse”) as Separate Property. In the
event the Owner Spouse predeceases the other Spouse (“Surviving Spouse”), and provided
that Parties are still living together as Husband and Wife, then the Surviving Spouse shall
be entitled to continue living in said Residence for as long as he or she desires, or for his or
her lifetime, on the following terms and subject to the following obligations of the Surviving
Spouse, or both:
The surviving Spouse must continue to live in the Residence, or in the event he or she
should for a period of at least two (2) consecutive months, either abandon the Residence, or
move to another dwelling permanently, then the right to return to the Residence is waived,
and the Residence shall pass according to the will, trust or other testamentary disposition of
the deceased Owner Spouse.
The surviving Spouse shall not move out of the Residence and rent it to any third party.
However, if the residential real estate contains agricultural land, then the renting out of such
land (by the remainder men) shall not constitute a violation of the above condition by the
surviving Spouse.
If there is a mortgage balance owing on the Residence at the death of the Owner Spouse
which is not fully paid off, satisfied and released as a part of the administration of the
deceased Owner Spouse’s estate, then the surviving Spouse must continue to pay when
due all remaining mortgage payments.
The surviving Spouse is solely responsible for the ongoing maintenance, repair, and
cleaning of the interior, contents, and exterior of the Residence, and for the maintenance
and care of the yard, landscaping, grounds and structures or improvements thereon.
The surviving Spouse is solely responsible for paying when due all real estate taxes,
assessments, homes association dues, utilities, and trash service, and for maintaining in full
force adequate general multi-peril hazard and liability insurance on the Residence and
Property which carries the deceased Spouse’s remainder heirs as additional named
insurers, and upon request to provide proof of payment to those ultimate heirs.
The surviving Spouse shall not be allowed to encumber the Residence or grounds and shall
keep the residential real estate free of all liens for any claim which might otherwise arise
during the period of the surviving Spouse’s tenancy.
If the surviving Spouse fails to meet any of the above conditions, then the tenancy of the
surviving Spouse in the Residence shall terminate immediately, the surviving Spouse shall
vacate the Residence, and the entire property on which the Residence is located, together
with any contents and furnishings owned by the deceased Owner Spouse or the Estate
thereof, shall immediately pass according to the will, trust, or other testamentary disposition
of the deceased Owner Spouse. Also, the surviving Spouse shall be responsible for leaving
said Residence and property in a condition as clean and repaired as when the tenancy of
the Surviving Spouse began.
Regardless of any funds spent or labor provided by the surviving Spouse in meeting the
above conditions, neither of those shall create any right or claim for reimbursement nor any
ownership interest in said Residence, nor in any of the contents or furnishings which are or
were the Separate Property of the deceased Owner Spouse or estate thereof which
remained in the Residence for the use and convenience of the surviving Spouse during the
tenancy.
This joint account, any excess funds which accumulate in this account, and any such other
joint checking or savings account which the parties agree to establish on this same basis,
together with all household goods and any other property purchased from any such joint
account shall be deemed to be owned by the Parties and titled in the form of [Ownership of
Accounts].
Other than the special joint account referred to in Section 6 above, and any other such joint
cash accounts which the Parties establish on the same terms and conditions, all other cash
accounts will be maintained as the Separate Property of each Party. All such Separate
Property accounts opened by either Party during the marriage may be designated under the
owner Party’s name as “Separate Property of (Party’s name)”, or as the “Sole and Separate
Property of (Party’s name)”.
Even if the other Spouse’s name is added as a an authorized signer on any of the other
Spouse’s Separate Property cash accounts for emergency situations, such accounts shall
nonetheless be and remain as the Separate Property of the Spouse owning the account.
Except for any such arrangements for emergency purposes, each Separate Property
account shall remain under the total and exclusive control of the owner who shall have the
full and exclusive right to make all deposits to any such account of income produced from
his or her Separate Property; wages, salary, or other earnings resulting from his or her
labor, efforts, or contract rights; and any gifts or inheritances received separately by that
Party. The owner of any such Separate Property account shall also have the full and
exclusive right and control to make all withdrawals from such account, except for
emergency withdrawal rights granted to the other spouse, if any.
The interest earned on any such Separate Property accounts, together with accumulations
or any other increases, shall be included as a part of the account as the Separate Property
of the Spouse owning the separate account.
Any withdrawals from any such account, or purchases made with the proceeds of any
separate account which are given to the non-owner Spouse shall be considered as a gift to
the other Spouse, in the absence of any written agreement which specifies otherwise.
Nothing herein shall create any right, title, interest, or claim, nor create any right of
reimbursement for the non-owner Spouse, unless otherwise specified in a separate written
agreement.
Unless otherwise specified herein, all debts, liabilities, liens or encumbrances which have
been incurred or guaranteed by each Party before the contemplated marriage shall be the
sole and exclusive responsibility of and paid by the Party who incurred them, and neither
the other Party nor his or her property shall in any way be liable or obligated for the
payment thereof. The following are separate debts of a Spouse to be paid by the other
Spouse:
Each Party agrees to indemnify and hold harmless the other Party from any and all debts or
liabilities separately incurred by him or her, and each Party agrees that he or she will not
seek any financial participation for debt reduction or satisfaction, unless otherwise specified
herein.
8. Income Taxes.
9. Gifts.
Nothing herein shall restrict the Parties from making gifts to each other. Unless otherwise
specified in a separate written agreement, all gifts shall be the Separate Property of the
Party who receives the gift, except as follows:
In the event of the termination of the marriage during the lifetimes of both Parties (other
than by annulment), whether by divorce, dissolution, separate maintenance, or other such
legal action, or a separation pursuant to court order or the written agreement of the Parties,
or if the Parties do not live together for a period of six continuous months and one of the
Parties does not intend to end such separation (all of which are referred to collectively as
“Divorce/Separation”), then the Parties agree that this Pre-Nuptial Agreement shall be the
basis for the financial and property settlement of Divorce/Separation, and each of the
Parties agrees to request that the court follow the terms set forth herein.
Each Party shall retain their own Separate Property, subject to any debt or encumbrance
thereon.
The Parties shall attempt to divide their jointly owned or community property and set forth
their agreement in writing, or if they are unable to reach mutual agreement on such division,
division, then all such joint or community property shall be divided and distributed pursuant
to court order.
Each of the Parties agrees to request that if this entire Pre-Nuptial Agreement cannot be
withdrawn from court proceedings before it would be filed as a part of public court records,
that at least the Parties shall request the court’s permission to detach Exhibits of each
Party’s property and financial condition before filing in court records, due to the personal
and confidential nature of such Exhibits.
Each of the Parties agrees to execute any and all documents, and take all steps necessary
to carry out the terms of this Pre-Nuptial Agreement.
If there is a Divorce/Separation during the first [Minimum Marriage Duration for Alimony]
years of the marriage, neither Spouse shall pay any alimony, support, or maintenance. If a
Divorce/Separation occurs after that time, then the obligation, if any, for alimony, or other
financial support to be paid by one Party to the other shall be determined by the mutual
agreement of the Parties, or if they are unable to agree, by court determination.
Notwithstanding the foregoing, if the Divorce/Separation occurs after the time specified
above, [Minimum/Maximum Alimony]. In no event shall any alimony be paid beyond the
death, remarriage, or cohabitation of the receiving Party.
In the event of the death of either Spouse, the other Spouse shall have no rights in or to the
estate or Separate Property of the other Spouse, just as if their marriage had not occurred.
Each of the Spouses agrees to accept the terms of this Pre-nuptial Agreement instead of,
and in full and complete satisfaction of all rights in and to the other Spouse’s estate which
he or she would have had under law if this Agreement did not exist. Each Party agrees,
after the marriage, to execute a consent to the other’s will, and to execute any and all other
documents necessary to carry out the terms of this Agreement.
At the death of either Spouse, all of his or her Separate Property shall pass to his or her
respective heirs, beneficiaries, legatees, devisees, and assigns as provided in his or her
respective will, trust or other disposition document or device; provided, however, nothing in
this Agreement shall prevent either Spouse from making provision for the other Spouse in
his or her will, trust, or other disposition document or device.
Neither Spouse shall contest the will or other testamentary disposition of the other Spouse’s
estate. If necessary under applicable law to carry out the Parties’ intent expressed in this
Agreement, the Separate Property of each Spouse shall not be counted as part of the
elective share of a surviving Spouse.
Following the death of one of the Spouses, the surviving Spouse shall execute and deliver
any and all documents necessary to carry out the terms of this Agreement.
In the event that both Spouses should die simultaneously, or in a common disaster, or if one
of the Spouses does not survive for a period of at least thirty (30) days after the death of the
first Spouse to die, it shall be deemed that each Spouse survived the other and as if the
marriage never occurred.
This Agreement constitutes the entire agreement of the Parties, and totally cancels and
supersedes any and all other prior written or verbal agreements or arrangements between
the Parties which address the subject matter of this Agreement. No representations or
warranties have been made by either Party to the other, nor by anyone else, except as set
forth herein, and neither Party is executing this Agreement upon reliance of any
representation or warranty which is not expressly set forth herein.
This Agreement may be amended, modified, or revoked only in writing signed by both
Parties and executed in the same manner and with the same formality as this Agreement.
This Agreement and all its terms and provisions shall be binding on and inure to the benefit
of the Parties, and their respective heirs, assigns, executors, administrators, and legal
representatives.
This Pre-Nuptial Agreement shall become effective upon the marriage of the Parties. If the
proposed marriage of the Parties does not occur for any reason whatsoever, or if the
marriage is annulled, this Pre-Nuptial Agreement shall be null and void, and of no effect.
14. Severability.
The terms of this Agreement are severable. If any provisions herein are not valid or
enforceable under applicable law, then all other provisions which are valid and enforceable
shall remain in full force and effect.
This Agreement shall be construed and interpreted under the laws of the country of
[Country of Residence], which is the country of residence of the Parties.
16. Headings.
The titles and captions used in this Agreement are for convenience only, and no title or
caption shall be deemed part of this Agreement or an interpretation of any provision.
This Agreement shall be executed in multiple counterparts, any one of which shall be
deemed a duplicate original, and any one of which or all together shall be deemed an
original, and one and the same.
IN WITNESS WHEREOF, the Parties have executed this Pre-Nuptial Agreement in two or
more counterparts on the day and year first written above.
HUSBAND WIFE
___________________________ ____________________________
[Husband-To-Be] [Wife-To-Be]
City of ____________________ )
) ss
Country of ___________________ )
_______________________
Notary Public
Doc. No.______________;
Page No._____________;
Book No._____________;
Series of 2006.
________________________
Notary Public
Doc. No.___________;
Page No.__________;
Book No.__________;
Series of 2006.