BETWEEN:
_________
- AND -
_________
of _________
BACKGROUND
A) This Agreement is made between _________ and _________ (together the "Parties" and separately a "Party") who have the intention to marry each other in the near future.
B) As a result of the relationship, the Parties wish to establish their respective rights and responsibilities that may result from it.
C) The Parties acknowledge that some unhappy differences could arise between them. Accordingly, the Parties desire that the terms of this Agreement will govern the distribution of any property that either or both of them may own and, to the extent permitted by statutory or case law, intend that any statute applicable to them, whether under Federal or state law, shall not apply to them.
D) The Parties agree that they have been provided with to review this Agreement.
E) The Parties also agree that they have had an opportunity to hire their own lawyer and receive independent legal advice with respect to the terms of this Agreement.
F) The Parties acknowledge that they have made full disclosure of all of their properties, income, estate, and financial obligations and expressly waive any other rights to disclosure of the property or financial obligations of each other beyond the disclosure provided.
G) Each Party agrees and affirms THAT:
a) The Parties acknowledge entering into this Agreement voluntarily;
b) This Agreement was not when it was executed;
c) Prior to the execution of this Agreement, both Parties have disclosed to their satisfaction all property or financial obligations of the other Party;
d) They have full knowledge of all of the facts and circumstances pertinent to the property or financial obligations of the other Party;
e) The Parties have entered into this Agreement freely and under no duress or undue influence on their decision by the other Party;
f) The Parties acknowledge that this Agreement shall continue to be effective even upon termination of marriage whether by death, divorce, or otherwise.
THEREFORE, in consideration of the upcoming marriage, and the mutual commitments and promises contained in this Agreement, the Parties agree as follows:
OWNERSHIP OF PROPERTY
1) The Parties agree that this Agreement will determine the ownership of the property upon the death of a party or if the Parties separate.
2) Except as otherwise provided in this Agreement, all property will be treated as owned exclusively by either one of the Parties (the "Separate Ownership"), except where:
a) It is Joint Ownership; or
b) There is proof of joint legal ownership.
3) Nothing contained in this Agreement shall preclude the Parties from making gifts to the other during their lifetime, at their death, or for benefit of the other party.
4) Unless a Party can reasonably show that they exclusively own a piece of property, where either Party commingles jointly owned property with Separate Ownership, any commingled property will be presumed to be Joint Ownership.
DEBTS
5) The Parties acknowledge that this Agreement shall determine the responsibility of any debt that may occur upon the death of a party or if the Parties separate.
6) All debts jointly acquired, whenever acquired, will be treated as joint debts (the "Joint Debts") and owed by both Parties.
7) Except as stated elsewhere in this Agreement, all debts shall be considered as debts owed exclusively by either one of the Parties (the "Separate Debts"), excluding the following circumstances:
a) If there is a Joint Debt; or
b) If there is proof of shared legal responsibility between the Parties.
MARITAL OWNERSHIP RELEASE
8) The Parties agree that they are aware of the laws of the _________, and that they have the intention to not apply the laws to the ownership and division of their property, either jointly or separately owned, nor to their future property, and the Parties further agree that it is their intention by the terms of this Agreement to contract out of the of the _________, and to make full disclosure of all of their properties, income, estate, and financial obligations previously and presently owned by either of the Parties or to be acquired by either of the Parties in the future.
DOWER, CURTESY AND HOMESTEAD RELEASE
9) The Parties waive all dower, courtesy, and homestead rights under any statute of the _________, or any other jurisdiction, that each would have in and to the property in the name of the another, or on their behalf jointly or as tenants in common, except for this Agreement.
10) The Parties agree that the investment of time or labor with respect to personal service in the property of the other will be considered to have been made gratuitously, and without expectation or right of compensation unless the Parties have agreed on the opposite in writing.
11) The Parties have the intention of releasing each other from any maintenance or support obligations now and in the future. They will not apply under any Federal or State legislation for support. They each waive any rights they may have to proceed against the other under any law or statute for maintenance or support payments and depend upon the law of contract to rule in respect of this issue.
12) The Parties understand that there may be changes in their health, cost of living, employment, marital status, breakdown of their relationship, or others that alter their respective financial circumstances in the future. It is understood by each Party that this Agreement represents a final disposition of all maintenance and support matters between them and that such disposition will not give either Party the right to seek redress under Federal or State law.
INHERITANCES AND TESTAMENTARY DISPOSITION
13) Except as otherwise provided in this Agreement, the Parties recognize that each has the absolute right to dispose of their estate by testamentary will without leaving any part to the other, or the heirs, executors, administrators, or assigns of the other.
14) Nothing in this Agreement shall invalidate or prevent either Party from designating the other as a beneficiary by will or other testamentary provision.
15) Except as otherwise provided in this Agreement, the Parties waive all rights of every kind, nature, and description that each may acquire as spouse or surviving spouse in the property, assets, or estate of the other.
SEVERABILITY
16) If any court of law finds invalid, unenforceable, or void any clause of this Agreement, such decision will not have the effect of invalidating or voiding the remainder of this Agreement, and The Parties agree that the section so held to be invalid, unenforceable, or void, will be deemed amended only to the extent required for purposes of validity and enforcement in the jurisdiction of such decision.
GOOD FAITH
17) The Parties create a fiduciary relationship through this Agreement in which each Party agrees to act with the utmost good faith and fair dealing toward the other Party in all aspects of this Agreement.
FURTHER DOCUMENTATION
18) The Parties agree to attach such additional documentation as is reasonably necessary to give full force and effect to each term of this Agreement.
ENUREMENT
19) This Agreement will inure to the benefit of the Parties, their respective heirs, executors, administrators and assigns and will be binding.
GOVERNING LAW
20) This Prenuptial Agreement, and the status, ownership, and division of property between the Parties wherever either or both of them may from time to time reside, will be governed by the law of the _________.
TERMINATION OR AMENDMENT
21) The amendment of this Agreement can only be carried out in writing and signed by each of the parties. Their attorneys-in-fact and other legal representatives are not allowed to amend it.
ENTIRE AGREEMENT
22) The Agreement constitutes the entire arrangement and understanding between the Parties and replaces all prior communications, contracts, or agreements between these Parties regarding the subject matter of this Agreement, whether oral or written.
CERTIFICATE OF INDEPENDENT LEGAL ADVICE
The _________
THAT I was consulted this day in my professional capacity by _________, named in the document, being a Prenuptial Agreement, separate and apart from _________. I inquired about _________'s legal rights and responsibilities under the terms and conditions of this Agreement, and acted exclusively for _________, fully explaining to _________ the spirit and consequence of said Prenuptial Agreement. _________ executed it in my presence, and acknowledged that they were executing it of their own free will and without any influence from _________, or any other person.
DATED at the City of ___________________, in the _________, this _____ day of ______________, 20___.
I, _________, the person mentioned in the attached Agreement, hereby acknowledge the foregoing this ____day of ______________, 20___.
____________________________________
_________
CERTIFICATE OF INDEPENDENT LEGAL ADVICE
The _________
THAT I was consulted this day in my professional capacity by _________, named in the document, being a Prenuptial Agreement, separate and apart from _________. I inquired as to _________'s legal rights and responsibilities under the terms and conditions of this Agreement, and acted exclusively for _________, fully explaining to _________ the spirit and consequence of said Prenuptial Agreement. _________ executed it in my presence, and acknowledged that they were executing it of their own free will and without any influence from _________, or any other person.
DATED at the City of ___________________, in the _________, this _____ day of ______________, 20___.
I, _________, the person mentioned in the attached Agreement, hereby acknowledge the foregoing this ____day of ______________, 20___.
____________________________________
_________