Prenuptial Agreements: Sample

This agreement is entered into this [AGREEMENT DAY] day of [AGREEMENT MONTH] , [AGREEMENT YEAR] , between [YOUR NAME] , who resides at [YOUR STREET ADDRESS] , [YOUR CITY STATE AND ZIP] , and [PRENUPTIAL AGREEMENT] , who resides at [STREET ADDRESS] , ["CITY, STATE, AND ZIP"].

It is our intention to marry on [MARRIAGE DATE]. Because we desire to determine the amount and status of all property now owned by each of us, arrange for the ownership of property which may be acquired by us after marriage, and establish our rights to spousal support and maintenance, we now enter into this agreement.

[YOUR NAME] declares that his current net worth is $[YOUR NET WORTH] , and his current gross annual income from all sources is $[YOUR GROSS ANNUAL INCOME] . A full description of all property owned by [YOUR NAME] is attached to this agreement as Exhibit A and made part of this agreement by reference.

[PRENUPTIAL AGREEMENT] declares that his current net worth is $[NET WORTH] and his current gross annual income from all sources is $[GROSS ANNUAL INCOME] . A full description of all property owned by [PRENUPTIAL AGREEMENT] is attached to this agreement as Exhibit B and made a part of this agreement by reference.

We both hereby waive any and all interest which either of us may acquire in the property of the other as a result of our impending marriage, regardless of whether that property is now owned or acquired after the date of this agreement, and regardless of whether or not such property is characterized as community or quasi-community property by any state or states in which we reside, or in which such property is located. Each of us shall remain free to sell, lease, give, transfer, or otherwise dispose of any such property free of any claim by the other, as if we were not married.

If we acquire any marital property after our impending marriage, and if we subsequently divorce, such property shall be subject to division either by agreement between us, or by the determination of a court with jurisdiction over our divorce.

We hereby waive any and all claims or rights which either of us may have to take an elective share of the estate of the other as provided for by any state law. We agree that neither of us shall take any action to overcome or change any provision contained in the Last Will and Testament of the other.

Because each of us has adequate resources upon which to draw, we both agree to waive any claims or rights that we may have now or later acquire to receive spousal support or maintenance from the other upon divorce or dissolution or our marriage.

We have both participated in the preparation of this agreement, and each of us has fully and fairly disclosed to the other all of our assets and income. Each of us understands that we have the right to be represented by independent counsel before executing this agreement.

We agree that we will execute and deliver any instruments or documents and do any and all other acts which shall be reasonably necessary to carry out the terms of this agreement.

This document is our full and entire agreement, and replaces any previous written or oral agreement that we may have made in regard to the subject matter contained herein. It is our intention that if any provision of this agreement shall be found to be unenforceable by any court of law, the rest of the agreement shall remain in force to the full extent possible.

This agreement shall be governed and interpreted in accordance with the laws of the state of [AGREEMENT STATE].

Date:____________________

_________________________
[YOUR NAME]

Date:____________________

_________________________
[PRENUPTIAL AGREEMENT]

EXHIBIT A

We agree that the following described property shall remain the sole and separate property of [YOUR NAME]:

EXHIBIT B

We agree that the following described property shall remain the sole and separate property of [PRENUPTIAL AGREEMENT]:

Copyright © 1997 OverDrive Systems, Inc.

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