Prenuptial Agreement Sample

PRENUPTIAL AGREEMENT

This Prenuptial Agreement (“Agreement”) is entered into as of the ___ day of __________, 20__, by and between:

PARTY A: [Full Legal Name], residing at [Address] (“Party A”); and

PARTY B: [Full Legal Name], residing at [Address] (“Party B”).

Party A and Party B are collectively referred to herein as the “Parties.”

RECITALS

WHEREAS, the Parties intend to marry each other on or about [Wedding Date];

WHEREAS, each Party desires to establish their respective rights and obligations with respect to their property and financial affairs in the event of divorce, separation, or death;

WHEREAS, each Party has had the opportunity to consult with independent legal counsel of their own choosing;

WHEREAS, each Party has made full and complete disclosure of their financial circumstances to the other Party;

NOW, THEREFORE, in consideration of the mutual promises and covenants herein, and other good and valuable consideration, the Parties agree as follows:

ARTICLE 1 — SEPARATE PROPERTY

1.1 Pre-Marital Property. All property owned by either Party prior to the marriage, as listed in Schedule A (Party A) and Schedule B (Party B) attached hereto, shall remain the separate property of the owning Party and shall not become marital property by virtue of the marriage.

1.2 Gifts and Inheritances. Any property received by either Party during the marriage as a gift or inheritance from a third party shall be the separate property of the receiving Party, unless the Parties agree otherwise in writing.

ARTICLE 2 — MARITAL PROPERTY

2.1 Joint Acquisitions. Property acquired jointly by the Parties during the marriage with joint funds shall be marital property owned equally by both Parties.

2.2 Income. Income earned by each Party during the marriage shall be [marital/separate] property as specified herein.

ARTICLE 3 — DIVISION UPON DIVORCE

3.1 Separate Property. In the event of divorce or legal separation, each Party shall retain their separate property as defined in Article 1.

3.2 Marital Property. Marital property shall be divided as follows: [specify division terms].

ARTICLE 4 — SPOUSAL SUPPORT

4.1 Waiver/Modification. [Include spousal support terms or waiver here, subject to state law requirements.]

ARTICLE 5 — GENERAL PROVISIONS

5.1 Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof.

5.2 Governing Law. This Agreement shall be governed by the laws of the State of [State].

5.3 Severability. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

5.4 Amendment. This Agreement may be amended only by a written instrument signed by both Parties.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

Notarization Block

State of ___________
County of ___________

Before me, the undersigned authority, personally appeared [Party A] and [Party B], known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed.

Notary Public: ___________________________
My Commission Expires: ___________