Prenuptial Agreement

Answer 1

Prenuptial Agreement

(Download)

______________, referred to as the prospective husband, and ______________, referred to as the prospective wife, agree:

The parties contemplate marriage and desire to fix their respective rights and entitlements regarding each other's property. Each party herewith waives the right to:

_______________________________________________________________.

Share in each others estate upon death, whether by will, statutory right, statutory share, dower, curtsey, whether such right now exists by case law or by statute.

To alimony, whether permanent or rehabilitative, separate maintenance, or other forms of spousal support, or division of property due to their status of marriage or former marriage.

EACH PARTY IS AWARE THAT UNDER THE LAW, COURTS HAVE THE AUTHORITY

TO IGNORE THIS AGREEMENT UNDER CERTAIN CIRCUMSTANCES IF ANY SPOUSE IS IMPOVERISHED AND THE OTHER IS NOT.

To the sharing in the increase in marital assets regarding separate property during marriage.

To sharing in any pension, profit sharing, government or military pension plan.

Each party acknowledges an opportunity to consult with independent counsel of their own choice.

Each party acknowledges that:

They have made a full and complete disclosure of their respective financial conditions to the other prospective spouse.

Each spouse represents to the other that they have adequate separate resources for their own support.

This pre-marital agreement represents the entire agreement of the parties, and there are no representations others than those stated herein. This agreement may only be modified in a writing executed by both parties.

READ CAREFULLY BEFORE SIGNING -- THIS IS A LEGALLY BINDING INSTRUMENT.

Dated: ______________________

___________________________________________

Prospective Husband

Social Security Number:

__________________________________________

Prospective Wife

Social Security Number:

Prenuptial Agreement

Review List

This review list is provided to inform you about this document in question and assist you in its preparation. This is a straightforward Prenuptial Agreement that deals with the assets and earnings of the parties, only. No provision is made for dealing with any issue, or children, emerging from the marriage.

Signing the agreement benefits both parties by providing clarity should the relationship dissolve. It benefits the party with more assets by clearly leaving the premarital assets in their hands. This is especially helpful for those people entering a marriage with a trust fund or other assets. The weaker financial party has less reason to sign the agreement.

Answer 2

Get Started

A Prenuptial Agreement is an agreement between prospective spouses, made in contemplation of marriage. The Agreement becomes effective upon marriage. The Prenuptial Agreement should be discussed by the parties well in advance of the marriage. Sufficient time should be permitted to allow both parties to consult their separate legal counsel and to sufficiently consider the Agreement. Otherwise, one party may later claim that the Agreement is unenforceable because it was misleading or signed under pressure. The Agreement is generally unenforceable if it was signed after the marriage ceremony.

From a legal perspective, marriage can be viewed similar to a business arrangement. Business transactions should not be entered into without documenting the terms of the arrangement in writing. Likewise, the parties in a marriage should carefully consider how issues will be handled during and/or after a marriage. Without an agreement, the probate court (upon death) or the divorce court will impose an agreement on the parties in those circumstances.

Property Rights

A number of issues can be clarified in a Prenuptial Agreement pertaining to property rights. For example, the agreement can specify how property -- previously owned or acquired during the marriage -- will be distributed upon divorce or death. Other items which may be addressed include:

1. The handling of debts and expenses;
2. Rights to inherit from each other;
3. Rights to be named as the beneficiary of life insurance or retirement plans; and
4. Any other matter regarding the parties' rights and obligations, as long as the agreement does not violate public policy concepts or criminal laws.

Certain Provisions Not Enforceable

Certain Agreement provisions may not be enforceable, such as provisions relieving one party from paying child support or alimony. State law or public policy may prevent a court from enforcing such provisions. Because of differences between the states, the drafting of such provisions should be done in consultation with a lawyer.