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Prenuptial Agreement template
Prenuptial Agreement sample


What is Prenuptial Agreement?

Prenuptial Agreement Defines financial terms in a marriage, addressing property division and spousal support in case of divorce.



Sample template:



Prenuptial Agreement

John Walter and Nae Smith


1. Recitals

This Prenuptial Agreement (the "Agreement") is entered into by and between John Walter ("Party A") and Nae Smith ("Party B") (collectively, the "Parties") with reference to the following facts:



1.1. Anticipation of Marriage


The Parties are anticipating being married in the near future and desire to enter into this Agreement to establish their respective rights, obligations, and responsibilities with respect to their individual and joint finances, assets, and property interests.



1.2. Mutual Agreement


Each Party acknowledges the need for a mutually agreed-upon understanding of their future finances, property, and assets that may be acquired within the future marriage.



2. Consideration

This Agreement is being entered into by the Parties in consideration of their prospective marriage and the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the Parties.



3. Disclosure of Assets and Liabilities

3.1. Full Financial Disclosure


Each Party represents and warrants that they have disclosed to the other Party their assets, properties, and liabilities as of the date of this Agreement, and that said disclosure constitutes a complete and accurate disclosure and not an attempt to conceal their actual financial situation.



3.2. No Additional Disclosure Required


Each Party acknowledges that they have had an opportunity to investigate and review the other Party's financial situation independently and have made complete and satisfactory inquiries into the assets, property, and liabilities of the other Party. They are entering into this Agreement based on their own judgment and understanding.



4. Property Rights and Division

4.1. Separate Property


"Separate Property" refers to any assets, income, or liabilities that are owned by a Party individually, either before the marriage or acquired during the marriage by gift, inheritance, or separate property exchange. Each Party shall retain ownership and control of their respective Separate Property, and such property shall not be subject to division upon the dissolution of the marriage.



4.2. Marital Property


"Marital Property" refers to any assets, income, or liabilities that are acquired or incurred jointly by the Parties during the marriage and not classified as Separate Property. Marital Property shall be divided upon the dissolution of the marriage pursuant to the laws of the jurisdiction in which the Parties reside at the time of the dissolution or any other mutually agreed-upon terms.



5. Spousal Support

5.1. Waiver of Spousal Support


Both Parties acknowledge and agree that they waive any claims for spousal support in the event of separation, divorce, or dissolution of the marriage, with the exception of support obligations arising under this Agreement.



5.2. Support Obligations of Party A


In the event of a separation, divorce, or dissolution of the marriage, Party A agrees to pay Party B spousal support in the amount of $______ per month for a period of ______ months, or until Party B remarries or cohabitates with another person in a relationship resulting in a financially supportive relationship.



5.3. Support Obligations of Party B


In the event of a separation, divorce, or dissolution of the marriage, Party B agrees to pay Party A spousal support in the amount of $______ per month for a period of ______ months, or until Party A remarries or cohabitates with another person in a relationship resulting in a financially supportive relationship.



6. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the United States and the laws of the state in which the Parties reside at the time of the dissolution.



7. Entire Agreement

This Agreement constitutes the entire understanding between the Parties with respect to the subject matter hereof and supersedes and cancels any prior agreements, negotiations, understandings, or arrangements, whether written or oral, relating to the same subject matter.



8. Amendments

This Agreement may only be amended by a written instrument signed by both Parties, and any such amendment shall be effective upon execution.



9. Counterparts

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.



10. Severability

In the event that any provision of this Agreement is found to be unenforceable or invalid for any reason, the remaining provisions of this Agreement shall remain in full force and effect, provided the essential terms and conditions of this Agreement are not affected in any material respect.



11. Independent Legal Counsel; Voluntary Agreement

Each Party has had the opportunity to consult with independent legal counsel of their choice concerning this Agreement and has either done so or waived the right to do so. The Parties acknowledge and agree that they are entering into this Agreement voluntarily and without any coercion, duress, or undue influence.



12. Effective Date

This Agreement shall become effective upon the Parties' marriage.



IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year first above written.



__________________________ __________________________
John Walter (Party A) Nae Smith (Party B)

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Common Sections of a Prenuptial Agreement


In this Prenuptial Agreement, you will see the following sections:

  1. Recitals
  2. Consideration
  3. Disclosure of Assets and Liabilities
  4. Property Rights and Division
  5. Spousal Support
  6. Governing Law and Jurisdiction
  7. Entire Agreement
  8. Amendments
  9. Counterparts
  10. Severability
  11. Independent Legal Counsel; Voluntary Agreement
  12. Effective Date


Going indepth - Summary of each section:

  1. Recitals : This section sets the stage for the agreement, explaining that John and Nae are planning to get married and want to establish their financial rights and responsibilities before doing so.

  2. Consideration : This part states that the agreement is being made in exchange for the couple's upcoming marriage and the promises they're making to each other within the agreement.

  3. Disclosure of Assets and Liabilities : Both John and Nae promise that they've fully disclosed their financial situations to each other, and they don't need any further information to make informed decisions about the agreement.

  4. Property Rights and Division : This section defines "Separate Property" (owned individually) and "Marital Property" (owned jointly). It states that separate property will remain separate, while marital property will be divided according to the law or agreed-upon terms if the marriage ends.

  5. Spousal Support : Both John and Nae agree to waive any claims for spousal support, except for the specific support obligations outlined in the agreement. These obligations include monthly payments from one party to the other in case of separation, divorce, or dissolution, until certain conditions are met.

  6. Governing Law and Jurisdiction : The agreement will be governed by the laws of the United States and the state where the couple lives at the time of dissolution.

  7. Entire Agreement : This section states that the prenuptial agreement is the complete understanding between John and Nae and replaces any previous agreements or negotiations on the same subject.

  8. Amendments : Any changes to the agreement must be made in writing and signed by both John and Nae.

  9. Counterparts : The agreement can be signed in multiple copies, each considered an original, but all together making up one complete agreement.

  10. Severability : If any part of the agreement is found to be unenforceable or invalid, the rest of the agreement will still be in effect, as long as the main terms aren't significantly affected.

  11. Independent Legal Counsel; Voluntary Agreement : Both John and Nae had the chance to consult with their own lawyers before signing the agreement, and they're entering into it voluntarily and without pressure from the other party.

  12. Effective Date : The agreement will become effective once John and Nae are married.

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