You are on page 1of 9

PRE-NUPTIAL AGREEMENT

THIS PRE-NUPTIAL AGREEMENT ("Agreement") is made and executed this date of


________________, by [Husband-To-Be], the husband-to be ("Husband") and [Wife-To-Be], the
wife-to-be, ("Wife"). Both the Husband and Wife together may be referred to herein as the
"Parties", and either one of them alone may be referred to as a "Party" or "Spouse" .

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.

NOW THEREFORE, IN CONSIDERATION OF the contemplated marriage of the Parties, and


the promises in the Agreement, the Parties agree as follows:

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.

Unless otherwise specified in this Agreement:

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.

3. Jointly Owned Property.


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.

5. Living Expenses, Support Obligations.

The Parties agree that they shall establish a jointly owned checking/saving account at a mutually
agreed bank, savings and loan, or other similar institution, for living expenses, and if mutually
agreed, for other joint needs. Each of the parties shall make a mutually agreed contribution to
that account. The Parties agree to pay out of this account all their ordinary living expenses,
including utilities, groceries and food, entertainment, home maintenance and repair,
transportation, routine medical and routine health related expenses such as dentists and
optometrists or ophthalmologists, other general costs of running and maintaining a household,
and other related items as the Parties shall agree. Each of the Parties agrees to keep the other
Party advised and informed of all checks written on, or withdrawals made from any said joint
account. These common, reasonable living expenses of the Parties shall be considered as their
joint obligation.

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].

6. Non-Joint Bank 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.

7. Debts and Liabilities.

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:

[Exceptions to Spouses Responsibility for Their Separate Debts]

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.

[Income Tax Filing]


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:

[Exceptions to Gift Clause].

Further, upon request from the other Spouse, each of the Parties agrees to execute appropriate
consents and join in any lifetime gifts made by the other Party from his or her own Separate
Property.

10. Divorce, Dissolution, or Separation.

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.

In the event of a Divorce/Separation, the Parties further agree as follows:

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.

[No Obligation to Support Other Spouse's Children]

[No Alimony Obligation]


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.

[Paying Spouse Obligations Reduced if Income Decreases]

11. Death of Either or Both Spouses.

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.

12. Sole and Exclusive Agreement; Amending; Binding on Heirs.

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.

13. Effective Date.

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.

15. Governing Law.

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.

17. Multiple Counterparts.

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 ___________________ )

BE IT REMEMBERED that on this __________________________, before me, the


undersigned, a Notary Public for the above City and Country, came [Husband-To-Be] who is
personally known to me to be the same person who executed the above and foregoing Pre-
Nuptial Agreement, and he duly acknowledged the execution of said document as his free and
voluntary act.

_______________________
Notary Public

Doc. No.______________;
Page No._____________;
Book No._____________;
Series of 2006.

BE IT REMEMBERED that on this __________________________, before me, the


undersigned, a Notary Public for the above City and Country, came [Wife-To-Be] who is
personally known to me to be the same person who executed the above and foregoing Pre-
Nuptial Agreement, and she duly acknowledged the execution of said document as her free and
voluntary act.

________________________
Notary Public

Doc. No.___________;
Page No.__________;
Book No.__________;
Series of 2006.

You might also like