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S.P.A.R.C. |
| Separated Parenting Access & Resource Center
"Keeping Families Connected"
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Sample Pre-Nuptial Agreement
THIS AGREEMENT, made this____________ day of ___________________, 19 _____
is between ________________________ and ________________________.
PURPOSE. The parties expect to be married in the
near future. Each has separate property, the nature and extent of
which is fully disclosed in the statements of assets and liabilities.
Exhibits 1 and 2 attached to this agreement. The parties are setting
forth in this Agreement their respective rights in and to all property of
either owned at the date of their marriage and in and to all property
that may be acquired by either or both of them after their marriage.
They are also setting forth their rights regarding spousal support or
maintenance.
EFFECT OF AGREEMENT. This Agreement shall
take effect only upon the solemnization of the marriage between
the parties. Thereafter, each of the parties shall separately retain
all rights in the property he or she now owns, including all
appreciation, as well as property and income acquired separately in the future
("Separate Property"), and each of them shall have the
unrestricted right to dispose of such Separate Property, free and
clear of any claim that may be made by the other by reason of their
marriage and with the same effect as if no marriage had been
consummated between them. Separate Property shall include
substitutions and exchanges for such property now in existence,
and income and property acquired separately hereafter, and any
proceeds therefrom, and from any income derived from such property,
and any property purchased from the proceeds or income from
such property. Separate property shall also include gifts or
inheritances one party receives from a third party.
DISPOSITION OF PROPERTY. In the event either
party should desire to sell, encumber, convey or otherwise dispose
of or realize upon his or her Separate Property or any part or parts
thereof, the other will, upon request, join in such deeds, bills of
sale, mortgages, renunciations of survivorship or other rights
created by law or otherwise, or other instruments, as the party
desiring to sell, encumber, convey or otherwise dispose or realize
upon may request and as may be necessary and appropriate.
JOINT PROPERTY, ETC. This Agreement does
not restrict, prohibit or condition any conveyance or transfer by the
parties, or either of them alone, of the Separate Property of either
party into tenancy in common, joint tenancy, tenency by the entireties
or any other form of concurrent and/or undivided estate or ownership
between the parties, or the acquisition of any property in any
such form of ownership by the parties. The incidents and attributes
of ownership and other rights of the parties with respect to any
property so conveyed, transferred or acquired shall be determined
under State law and shall not be governed by or otherwise
determined with reference to this Agreement.
SEPARATE PROPERTY. The parties agree that the
rights and obligations created by this Agreement have monetary
value to each of the parties and each of the parties agrees to make
no claim to the Separate Property of the other party, either during
the joint lives of the parties hereto or thereafter, and, if a party is
not a prevailing party (as may be legally finally determined) with
respect to any such claim, to indemnify the other party against all
costs, fees and expenses arising from any such claim.
WAIVER OF RIGHTS. Except as otherwise provided in
this Agreement, each party hereby waives, releases and relinquishes
any and all right, title or interest whatsoever, whether arising by
common law or present or future statute of any jurisdiction or
otherwise, in the Separate Property and probate estate of the other,
including but not limited to distribution in intestacy, the right of
election to take against the will of the other, any rights accruing by
reason of events occurring prior to their marriage, and any right to
dower, curtesy, statutory allowances, and spousal support. Such
waiver, release and relinquishment shall not apply and is not effective
with respect to any rights or entitlements a party may have as a
surviving spouse under the Social Security laws or with respect
to any other governmental benefit or governmental program of
assistance. This Agreement shall not limit the right of either party
to make such transfers of property to the other as he or she may
wish during their respective lifetimes, or by will, or to acquire
property jointly or in any other form of ownership referenced in
section 4.
DISSOLUTION/SEPARATION/ANNULMENT. Except as
otherwise provided in this Agreement, each party specifically agrees
that neither shall make any claim for or be entitled to receive
any money or property from the other as alimony, spousal
support, or maintenance in the event of separation, annulment,
dissolution or any other domestic relations proceeding of any
kind or nature, and each of the parties waives and relinquishes
any claim for alimony, spousal support or maintenance, including,
but not limited to, any claims for services rendered, work
performed, and labor expended by either of the parties during
any period of cohabitation prior to the marriage and during the
entire length of the marriage. The waiver of spousal support shall
apply to claims both pre and post-judgment.
COHABITATION. Each party waives any and all rights
or claims existing now or hereafter existing with reference to
any period of cohabitation, if any, prior to the marriage of the
parties, including, but not limited to, any claim to real or
personal property.
ERISA RIGHTS. Each party specifically waives
any right, whether created by statute or otherwise,
to pension, profit-sharing, or other retirement benefits earned
by or credited to toe other, including, but not limited to, any
joint or survivorship rights and any right which might arise
in the event of the parties' separation or the dissolution of
the marriage. Following the solemnization of the parties' marriage,
each party shall execute such waivers or other documents as
the other may reasonably request to evidence such waiver.
FINANCIAL DISCLOSURE. Each party has attached
a statement of assets and liabilities as exhibits to this Agreement,
1 and 2 respectively. Each party acknowledges an opportunity
to inquire further as to the financial information provided by
the other, and each party specifically waives any right to any
further disclosure of the property and financial obligations of
the other beyond that provided by the exhibits to this Agreement.
RIGHT TO CONTEST. Nothing contained herein
shall limit the right of either party to contest any domestic
relations suit between the parties or to file a countersuit against
the other party; However, in any hearing on such suit, this
Agreement shall be considered a full and complete settlement
of all property rights between the parties. In such case, neither
party shall maintain any claim or demand whatsoever against
the other for property, suit money, attorney fees and costs which
is either inconsistent with or not provided for in this Agreement.
INTEGRATION. This Agreement sets forth the entire
agreement between the parties with regard to the subject matter
hereof. All prior agreements, covenants, representations,
and warranties, expressed or implied, oral or written, with
respect to the subject matter hereof, are contained herein.
All prior or contemporaneous conversations, negotiations,
possible and alleged agreements, representations, covenants,
and warranties, with respect to the subject matter hereof, are
waived, merged, and superseded hereby. This is an integrated
agreement.
BINDING ON SUCCESSORS. Each and every
provision hereof shall inure to the benefit of and shall be
binding upon the heirs, assigns, personal representatives,
and all successors in the interest of the parties.
SEVERABILITY. In the event any provision of
this Agreement is deemed to be void, invalid, or unenforceable,
that provision shall be severed from the remainder of this
Agreement so as not to cause the invalidity or unenforceability
of the remainder of this Agreement. All remaining provisions of
this Agreement shall then continue in full force and effect. If any
provision shall be deemed invalid due to its scope or breadth,
such provision shall be deemed valid to the extent of the scope
and breadth permitted by law.
PARAGRAPH HEADINGS. The headings of
particular paragraphs and subparagraphs are inserted
only for convenience and are not part of this Agreement and are
not to act as a limitation on the scope of the particular paragraph
to which the heading refers.
MODIFICATION. This Agreement may be modified,
superseded, or voided only upon the written agreement of the parties.
Further, the physical destruction or loss of this Agreement shall not be
construed as a modification.
ACKNOWLEDGEMENTS. Each party acknowledges that he
or she has had an adequate opportunity to read and study this
Agreement, to consider it, to consult with attorneys individually
selected by each party, without any form of coercion, duress or
pressure. Each party acknowledges that he or she has examined the
Agreement before signing it, and has been advised by independent
legal counsel concerning the rights, liabilities and implications of this
document.
STATE LAW. It is intended that this Agreement be valid and
enforceable within the provisions of (Statute #) of the State Law,
and that Case Law that governs its interpretation.
OTHER:
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