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Prenuptial Agreement Sample

This is a prenuptial agreement sample. Its purpose is to give you a sample of what a prenuptial agreement looks like and what sort of terms are contained in a prenuptial agreement – to give something concrete to all the theory on this website. You would be very foolish simply to copy this agreement and use it for your own, as everyone’s circumstances differ, and the law differs in every state. Instead I recommend that you study this sample and use it as a basis for getting a Do-it-yourself Prenuptial Agreement.

 

THIS AGREEMENT MADE IN TRIPLICATE THIS 28th day of July, 2011

BETWEEN:

 

JOHN SMITH
of the City of Los Angeles
in the State of California

- AND -
SALLY JONES
of the City of San Diego
in the State of California

PRENUPTIAL AGREEMENT

BACKGROUND

  1. This Prenuptial Agreement is made between JOHN SMITH (hereinafter called “John”) and SALLY JONES (hereinafter called “Sally”) who are contemplating marriage each to the other;
  2. The parties intend for this Agreement to become effective upon their marriage pursuant to the laws of the State of California, including any Uniform Premarital Agreement Act, or other applicable laws, adopted by the State of California;
  3. The parties wish to enter into this agreement to provide for the status, ownership, and division of property between them, including future property owned or to be acquired by either or both of them;
  4. The parties further wish to affix their respective rights and liabilities that may result from this relationship;
  5. The parties recognize the possibility of unhappy differences that may arise between them. Accordingly, the parties desire that the distribution of any property that either or both of them may own will be governed by the terms of this Agreement and, insofar as the statutory or case law permits, intend that any statutes that may apply to them, either by virtue of Federal or State legislation, will not apply to them;
  6. Each party has had the opportunity to retain their own lawyer and receive independent legal advice regarding the terms of this Agreement;
  7. The parties have exchanged financial statements providing full and complete disclosure of substantially all of the assets and liabilities property now owned or owing by each of them and voluntarily and expressly waive any other rights to disclosure of the property or financial obligations of each other beyond the disclosure provided;
  8. The parties acknowledge that they have been provided with at least seven days to review this Agreement and obtain legal advice before signing;
  9. Each party agrees and affirms the following:
    1. THAT the parties did execute the Agreement voluntarily;
    2. THAT this Agreement was not unconscionable when it was executed;
    3. THAT both parties were provided prior to execution of the Agreement a fair and reasonable disclosure of the property or financial obligations of the other party; and
    4. THAT he or she did have, or reasonably could have had, an adequate knowledge of the property or financial obligations of the other party.

 

NOW THEREFORE in consideration of the upcoming marriage, and in consideration of the mutual promises and covenants contained in this Agreement, the parties agree as follows:

 

PROPERTY

 

  1. Except as otherwise provided in this Agreement, such property as is listed in Schedules “A1″ and “A2″ attached hereto will be and remains the property of the owner described in the said schedule and the other party will have no right to or interest in such present property.
  2. Unless a particular piece of property is explicitly documented as being owned by both parties, the following types of property will not be deemed as shared property:
    1. any property owned by a party at the date of execution of this Agreement; and
    2. any property acquired by a party through an inheritance.
  3. Except as otherwise provided in this Agreement, such property as is listed in Schedule “B” attached hereto will be and remain the property of both parties.
  4. In the event of the parties separating, or upon the death of a party, any jointly-acquired or jointly-held property will be deemed to be owned equally with each party entitled to fifty percent (50%) of the net equity of the property, regardless of the initial or ongoing proportion of each party’s investment, unless the parties otherwise agree in writing.
  5. Nothing in this agreement will prevent or invalidate any gift, or transfer for value, from one party to the other of present or future property provided such gift or transfer is evidenced in writing signed by both parties.
  6. Unless a party can reasonably show that he or she solely owns a piece of property, where either party commingles jointly owned property with separate property, any commingled property shall be presumed to be jointly-owned property of the parties.
    DEBTS
  7. Except as otherwise provided in this Agreement, such debts as are listed in Schedules “A1″ and “A2″ attached hereto will be and remain the debts of the party described in the said schedule and the other party will have no financial obligations with respect to paying back the debts.
  8. Unless a particular debt is documented as being owed by both parties, the following types of debts will not be deemed as shared debts:
    1. any debts already owing by one party at the date of execution of this Agreement.
  9. Except as otherwise provided in this Agreement, such debts as are listed in Schedule “B” attached hereto will be and remain the debts of both parties.
  10. In the event of a separation, each party will be financially responsible for 50% of any jointly-acquired or jointly-held debts, regardless of the initial or ongoing proportion of each party’s borrowed amount, unless the parties otherwise agree in writing.
    CHILDREN
  11. The parties acknowledge that John Smith has a dependent child from a previous relationship, namely:John Junior Smith born August 6, 2003
  12. The parties acknowledge that they have a child from their relationship together, namely:Sally Junior Smith born April 17, 2011
  13. The parties further acknowledge that in the event of a separation, any rights and obligations of the parties relating to the children of the parties, including the issues of child support, custody and access, will be governed by Federal laws and/or the laws of the State of California.
  14. The parties recognize the authority of the court to determine what arrangements are in the best interests of the children, and understand that court orders may affect the arrangement of the parties as stated in this Agreement.
    SUPPORT
  15. In the event that there is a separation of the parties, Sally will be entitled to support in the monthly amount of 1000 every month on the condition that the parties are married for a minimum of 2 years.
  16. The parties realize that their respective financial circumstances may be altered in the future by changes in their health, the cost of living, their employment, their marital status, the breakdown of their relationship, or otherwise. No such changes shall give either party the right to seek additional support under any legislation, Federal or State. It is understood by each party that this Agreement represents a final disposition of all maintenance and support issues between them.
    ESTATES AND TESTAMENTARY DISPOSITION
  17. So long as the parties are together at the time of death of one of the parties, the parties desire to grant each other the following specific rights and release each other from all other claims and rights they may afterwards acquire as a result of their cohabitation:
    1. rights to death or survivor benefits under any government or employer pension plan.

    whether by way of present or future legislation, Federal or State, or under the law of any jurisdiction.

  18. Nothing in this Agreement limits or affects either party’s right to make specific or general gifts or bequests to the other party pursuant to any will or testamentary disposition in effect at the time of death of the deceased party.
    SEVERABILITY
  19. Should any portion of this Agreement be held by a court of law to be invalid, unenforceable, or void, such holding will not have the effect of invalidating or voiding the remainder of this Agreement, and the parties agree that the portion so held to be invalid, unenforceable, or void, will be deemed amended, reduced in scope, or otherwise stricken only to the extent required for purposes of validity and enforcement in the jurisdiction of such holding.
    INTENTION OF THE PARTIES
  20. Notwithstanding that the parties acknowledge and agree that their circumstances at the execution of this Agreement may change for many reasons, including but without limiting the generality of the foregoing, the passage of years, it is nonetheless their intention to be bound strictly by the terms of this Agreement at all times.
    DUTY OF GOOD FAITH
  21. This Agreement creates a fiduciary relationship between the parties in which each party agrees to act with the utmost of good faith and fair dealing toward the other in all aspects of this Agreement.
    FURTHER DOCUMENTATION
  22. The parties agree to provide and execute such further documentation as may be reasonably required to give full force and effect to each term of this Agreement.
    TITLE/HEADINGS
  23. The headings of this Agreement form no part of it, and will be deemed to have been inserted for convenience only.
    ENUREMENT
  24. This Agreement will be binding upon and will enure to the benefit of the parties, their respective heirs, executors, administrators, and assigns.
    GOVERNING LAW
  25. The laws of the State of California will govern the interpretation of this agreement, and the status, ownership, and division of property between the parties wherever either or both of them may from time to time reside.
    TERMINATION OR AMENDMENT
  26. This Agreement may only be terminated or amended by the parties in writing signed by both of them.

IN WITNESS WHEREOF the parties have hereunto set their hands and seals as of the day and year first written above.

SIGNED, SEALED AND DELIVERED
In the presence of:

 

_____________________________
Witness
Printed Name: ______________________________________________
Witness
Printed Name: _________________
________________________
John Smith

_____________________________
Witness
Printed Name: _________________

_____________________________
Witness
Printed Name: _________________

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