The
following form is intended for illustrative purposes only. You and your
attorney can use this sample as a guide in drafting a prenuptial agreement that
best protects your interests and complies with the laws in effect where you
live.___________________________________,
Here in after referred to as Prospective Husband, and
___________________________, Here in after referred to as Prospective Wife,
hereby agree on this _____ day of ________________, in the year ______, as
follows:Prospective
Husband and Prospective Wife contemplate marriage in the near future and wish
to establish their respective rights and responsibilities regarding each
other's income and property and the income and property that may be acquired,
either separately or together, during the marriage.Prospective
Husband and Prospective Wife have made a full and complete disclosure to each
other of all of their financial assets and liabilities, as more fully set forth
in the accompanying Financial Statements, attached hereto as Exhibits A and B.Except
as otherwise provided below, Prospective Husband and Prospective Wife waive the
following rights:To
share in each other's estates upon their death or separation/divorce without a
prenup, state law will specify how your property will be divided if you ever
divorce. These laws may dictate a result that neither of you wants. You can use
a prenup to establish your own rules for property division and avoid potential
disagreements in the event of a divorce. In most states, you can also make agreements
about whether or not one or both of you will be entitled to alimony.To
spousal maintenance, both temporary and permanent.To
share in the increase in value during the marriage of the separate property of
the parties.i.
Whether
to file joint or separate income tax returns or to allocate income and tax
deductions on separate tax returnsii.
Who
will pay the household bills - and how?iii.
Whether
to have joint bank accounts and, if so, how you will manage themiv.
Agreements
about specific purchases or projects, such as buying a house together or
starting up a business.v.
How
you will handle credit card charges -- for instance, whether you will use
different cards for different types of purchases, what kinds of records you
will keep, and how you will make paymentsvi.
Agreements
to set aside money for savingsvii.
Agreements
for putting each other through college or professional schoolviii.
Whether
you will provide for a surviving spouse -- for example, in your estate plan or
with life insurance coverage, andix.
How
to settle any future disagreements -- for example, you might agree to hire
either a mediator or a private arbitratorx.
Use
of last names after you marryxi.
agreements
about having and raising children, such as birth control, having children,
children's names, child care responsibilities, and educationxii.
How
you will relate to in-laws or stepchildren of previous marriage.To
share in the pension, profit sharing, or other retirement accounts of the
other.To
the division of the separate property of the parties, whether currently held or
hereafter acquired.To
any claims based on the period of cohabitation of the parties.[SET
FORTH RELEVANT EXCEPTIONS HERE.][ADDITIONAL
PROVISIONS HERE. These can range from prescribing that the children will be
raised in a particular religion to allocating household chores between the
parties.] A prenup is helpful (perhaps essential) if either of you has children
from another relationship and you want to make sure that your children inherit
their share of your property. In a prenup, one or both spouses can give up the
right to claim a share of the other's property at death, perhaps in exchange
for an agreed upon amount of property.Both
Prospective Husband and Prospective Wife are represented by separate and
independent legal counsel of their own choosing.Both
Prospective Husband and Prospective Wife have separate income and assets to
independently provide for their own respective financial needs.If
your property includes something you want to keep in your birth family, whether
it is an heirloom or a share in a family business, you and your spouse can
agree that it will remain in your family, and you can specify that item in your
prenup. This can even include property that you expect to receive in a future
inheritance.This
agreement constitutes the entire agreement of the parties and may be modified
only in a writing executed by both Prospective Husband and Prospective Wife.In
the event it is determined that a provision of this agreement is invalid
because it is contrary to applicable law, that provision is deemed separable
from the rest of the agreement, such that the remainder of the agreement
remains valid and enforceable.This
agreement is made in accordance with the laws of the state of __________, and
any dispute regarding its enforcement will be resolved by reference to the laws
of that state.This
agreement will take effect immediately upon the solemnization of the parties'
marriage.I
HAVE READ THE ABOVE AGREEMENT, I HAVE TAKEN TIME TO CONSIDER ITS IMPLICATIONS,
I FULLY UNDERSTAND ITS CONTENTS, I AGREE TO ITS TERMS, AND I VOLUNTARILY SUBMIT
TO ITS EXECUTION.______________________________Prospective
Husband______________________________Prospective
Wife