You may use this sample Pre-Nuptial Agreement form as a template for your own pre-nuptial agreement. A more formal version than ver. 1.
This Pre-Nuptial Agreement ("Agreement") is made this ______ day of ________________, 2___ by and between John Smith ("John"), an adult residing in (City, State), and Mary Jones ("Mary"), an adult residing in (City, State), in consideration of the contemplated marriage of the above-named parties. This Agreement shall not be effective until the marriage contemplated by the parties is solemnized.
RECITALS. This Agreement is made on the basis of the following facts:
The parties contemplate marriage to one another in the immediate future.
One or both of the parties has/has not been previously married.
The parties desire to define their rights and responsibilities regarding property and financial matters to the extent these can be foreseen.
(List any other reasons for entering into agreement)
In consideration of the marriage about to be entered into by and between the parties and other valuable consideration as described below, the parties mutually agree to the following:
1. SEPARATE PROPERTY. Except as otherwise provided in this Agreement, the following property owned by either party shall remain and be their separate property:
All property, including real or personal property, the income from such property, and the investments and re-investments of such property.
All property acquired by either party by gift, devise, bequest or inheritance.
The property currently owned by each party is described in Exhibit A and Exhibit B to this Agreement, which by this reference are incorporated into this Agreement. Such separate property of each party shall be subject entirely to their own individual use, control, benefit and disposition. Neither of the parties shall before or after the contemplated marriage acquire for themselves individually, assigns or creditors, any interest in the separate property of the other party nor any right to the use, control, benefit or disposition of such property.
Waiver. Additionally, both parties waive, release and relinquish any ownership or right in the separate property of the other and to use, control, benefit or dispose of the other's separate property.
Disposal of Property. Furthermore, it is agreed that each party shall have the right at all times to dispose of any or all of their separate property by deed, bill of sale, gift, trust, will, mortgage, encumbrance, pledge, lien, or charge without limitation in any manner whatsoever upon their own individual signature or act without the necessity of any joinder, action, or consent by the other party.
Community Property. If the parties reside or become residents of a state, territory or foreign country, and under the laws of such jurisdiction the property and interests of the couple are treated differently than as contemplated by this Agreement (such as a community property state) the property interests of the parties shall remain as stated in this Agreement.
Cooperation Regarding Documents. There may be times when a party (dealing with his or her own separate property) desires to have the other party sign a document for the apparent purpose of relinquishing of record any apparent right of the party arising by reason of their marital relationship. Upon request, the other party shall so sign any documents solely for the above purpose. The signing of such documents shall not impose any personal liability upon the party signing such documents.
2. DEBTS. Each party agrees to be separately liable for his or her debts incurred prior to the marriage.
The parties desire to establish their respective obligations relative to credit card accounts. Each party shall retain separate credit card accounts for his or her respective use, if desired.
3. TAXES. Nothing in this Agreement shall be construed as waiving (i) 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 husband and wife, (ii) any rights provided for husbands and wives under the federal gift tax laws with reference to gifts, or (iii) any rights under the federal estate tax laws with reference to any transfer to which such laws may apply.
4. DISSOLUTION OF MARRIAGE. Both parties to this Agreement understand that the Uniform Pre-Nuptial Agreement Act and court decisions provide for consideration by the Court of a pre-nuptial agreement if a marriage is dissolved. The parties to this Agreement understand that some courts have disregarded provisions in a pre-nuptial agreement that provide for disposition of property in the event of a dissolution. Without, in any way, anticipating a dissolution or planning for a dissolution, but recognizing the realities of the world, it is the express intention of John and Mary that this provision shall remain in full force and effect in the event of a dissolution:
Each party shall have an equal interest in the property acquired by the parties during the course of the marriage (and which is not merely the result of increase in value of any of the property owned by the parties prior to the marriage, as listed on the attached schedules of property.)
All savings, investments, retirement accounts, and property listed on the attached schedules as property owned by a party prior to the marriage shall remain the property of the person who brought such property into the marriage. Any appreciation, income or other increase to such property shall remain the property of the person who brought such property into the marriage.
Any joint accounts shall be divided equally.
5. SUPPORT. Each of the parties has income from property interest sufficient to provide for his or her respective support. Each has been self-supporting for a period of time prior to the contemplated marriage. Both parties feel that they are capable of future self-support and of maintaining themselves on a self-supporting basis. Therefore, in the event of a marital separation or dissolution of marriage, it is agreed and understood that neither party shall seek or obtain any form of alimony or support from the other, or seek any relief other than a distribution of their joint property interests or those property interests acquired during the course of their marriage, in any manner other than as provided by this Agreement.
6. REVOCATION. If the parties decide to revoke this Agreement, they shall do so in a written agreement, signed by both parties in the presence of a notary public or other official authorized to take oaths. Such revocation shall be ineffective until recorded with the recorder in the county where the parties maintain their primary residence or both counties if the parties are maintaining separate residences in separate counties.
7. ADDITIONAL INSTRUMENTS. Without any additional consideration, each party shall promptly, at the request of the other, execute, acknowledge and deliver from time to time whatever additional instruments may be required in order to accomplish the intent of this Agreement.
8. FULL DISCLOSURE. Each of the parties (i) is of lawful age, (ii) is competent to contract, (iii) is free to enter into the marriage contemplated, (iv) has full knowledge of the other party's property, debts and income, and (v) voluntarily enters into this Agreement. Additionally, each party has full knowledge of the terms and provisions of this Agreement. Specifically, the parties acknowledge and agree that they have disclosed to the other party (prior to the signing of this Agreement), the extent and probable value of their respective individual property interest as of the date of this Agreement. Prior to signing this Agreement, each party has delivered schedules to the other party that reflect their respective investment property interests, including the approximate value of such property interests, which were signed by the respective owner and initialed by the other party. The parties specifically acknowledge receipt of the above schedules, which are understood and agreed by the parties to represent a full and complete listing of their respective property interest as of the date of this Agreement.
9. MISCELLANEOUS PROVISIONS.
This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, administrators, personal representatives, successors and assigns.
This Agreement sets forth the entire Agreement between the parties with regard to the subject matter of this Agreement. All prior and contemporaneous conversations, negotiations, possible and alleged agreements and representations with respect to the subject matter of this Agreement are waived, and merged into this Agreement.
If any of the provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision for this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
Signed on this _____ day of ___________________________, 2___, at (City, State).
State/Commonwealth of State ___________________________)
County/Parish of ___________________________)
On this the ______ day of _______________, 2____, before me, ____________________________________, personally appeared John Smith and Mary Jones, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed same as their free act and deed.
___________________________________________________ Notary Public ___________________________________________________ Title (and Rank)