FREE PRENUPTIAL AGREEMENT FORM SAMPLE

It is an agreement signed by both, prospective Husband and prospective Wife, prior to marriage disclosing the rights, obligations, assets, debts and financial responsibility by both parties in case of a divorce. 

What is a Prenuptial Agreement Form?

The agreement must be in writing, it must be signed voluntarily by both spouses, the signatures must be witnessed, there must be full disclosure and honesty from both parties in the negotiations leading up to signing of the contract.

If you have multiple assets, liabilities, future inheritances or business to protect and want a bulletproof prenuptial agreement form you must seek the assistance of a contract or divorce attorney.

It can cost anywhere from $200 to $5,000 Dollars or more for a professionally crafted agreement that can take 2 weeks to a month to be prepared.


A pre-nuptial agreement is also known as pre-marital agreement, pre-nuptial form, pre-marriage agreement.

Things to include in the pre-marriage agreement:

  • The prenuptial agreement form must be in writing
  • The purpose of the agreement
  • Responsibilities of both parties during the marriage
  • Full financial disclosure of both parties
  • Determine how property will be divided
  • What is considered joint or separate property
  • Determine who pays debt accumulated before and during the marriage
  • Tax implications for both parties
  • Determine future alimony and spousal support
  • Define who gets what upon the marital split
  • Avoid giving one party financial motivation that can be considered a reason to leave the marriage
  • Disclose when the agreement takes effect
  • Make sure your prenuptial agreement form is valid and accepted in all 50 States

THE PRENUPTIAL AGREEMENT DILEMMA

Couples often wonder if a prenuptial agreement form or union contract is necessary. Each case is different but as a rule couples who decide for the agreement often do so because:

  • One spouse has a much higher income or salary than the other
  • Have assets he or she would like to preserve
  • Have financial obligations relating to family
  • Own one or more business
  • Have children from a previous marriage or relationship who they want to be protected financially, or
  • Have money or property to inherit 

Determine which assets, gifts and other belongings each person is bringing to the marriage such as:

  • Houses, vehicles, furniture, jewelry, clothing, tools, equipment, collectibles and other personal properties
  • Spousal support from previous marriage
  • Child support payments
  • Unemployment compensation
  • Social security benefits
  • Disability benefits
  • Worker’s compensation
  • Royalties, trusts or estate income
  • Rental income
  • Interest and dividends
  • savings, insurance and other assets
  • retirement, pension, or annuity payments

When there are a fair amount of assets and/or minor children involved we suggest you should consider hiring an attorney who can better guide you and create a Prenuptial Agreement Form specifically tailored for your needs.


PRE-NUPTIAL AGREEMENT


This pre-marital agreement is made on this ____ day of ______, 20__, between 


BRIAN DAVIDSON

(Address)

(City, State, ZIP Code)


hereinafter referred to as PROSPECTIVE HUSBAND, - AND -


LYNN SUZUKI

(Address)

(City, State, ZIP Code) 


hereinafter referred to as PROSPECTIVE WIFE, hereby agree as follows:


Both Prospective Husband and Prospective Wife acknowledge and declare that he or she, respectively: 

(a) is entering into this Marital Agreement voluntarily; 

(b) has given careful and mature thought to the making of this Agreement; 

(c) is fully informed as to the facts relating to the subject matter of this Agreement and as to the rights and liabilities of both Parties; 

(d) has been provided a fair and reasonable disclosure of the property and financial obligations of the other and has voluntarily waived any right to disclosure beyond the disclosure provided; 

(e) has carefully read each provision of this Agreement; and (f) fully and completely understands each provision of this Agreement, both as to its legal effect and the subject matter.

All property which belongs to each of the above Parties shall be, and shall forever remain, their personal estate, including all interest, rents, and profits which may accrue from said property, and said property shall remain forever free of claim by the other.

This contract constitutes the entire agreement of the parties and may be modified only in a writing executed by both parties.

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.

Both Prospective Husband and Prospective Wife have the choice to be represented by separate and independent legal counsel of their own choosing.

This Agreement shall be binding and inure to the benefit of the Parties, their successors, assigns and personal representatives.

This agreement will take effect immediately upon the solemnization of the parties' marriage.

REAL ESTATE. Prospective Husband shall have exclusive rights and ownership of the Real Estate properties below:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________


Prospective Wife shall  have exclusive rights and ownership of the Real Estate  properties below:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________


PERSONAL PROPERTY. (Vehicles, household furnishings, appliances, tools, equipment, art, collections, antiques)

The following personal property owned jointly by Husband and Wife shall be divided as follows:

To Husband:

_________________________________________________________________________________

_________________________________________________________________________________

To Wife:

_________________________________________________________________________________

_________________________________________________________________________________


FINANCIAL RESPONSIBILITIES. (Debts, Household Expenses, Insurance, Bank Accounts)

The following financial responsibilities owned jointly by Husband and Wife shall be divided as follows:

To Husband:

_________________________________________________________________________________

_________________________________________________________________________________

To Wife:

_________________________________________________________________________________

_________________________________________________________________________________


OTHER ASSETS. (IRAs, Pensions, 401k Plans, Stocks, Bonds, Mutual Funds, Business) 

The following financial assets owned jointly by Husband and Wife shall be divided as follows:

To Husband:

_________________________________________________________________________________

_________________________________________________________________________________

To Wife:

_________________________________________________________________________________

_________________________________________________________________________________

The custody of the minor children of the parties, shall be as follows:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________


SPOUSAL SUPPORT

In the event of a separation or divorce, the Parties SHALL HAVE ____ shall have NOT ____ right against each other by way of claims for Alimony, Spousal Support, Spousal Maintenance, Compensation or Division of property existing of this date.

If YES:

1- Husband shall pay spousal support to Wife in the sum of _____________________________ dollars ($______), _________________________ [Weekly/Monthly], beginning on the ____________ day of __________________, 20 ____. Husband shall continue to pay this sum for a period of ________________________, subject to the following mutually agreed upon conditions:

_________________________________________________________________________________

_________________________________________________________________________________

2- Wife shall pay spousal support to Husband in the sum of _____________________________ dollars ($______), _________________________ [Weekly/Monthly], beginning on the ____________ day of __________________, 20 ____. Husband shall continue to pay this sum for a period of ________________________, subject to the following mutually agreed upon conditions:

_________________________________________________________________________________

_________________________________________________________________________________

The parties agree to the following additional terms and conditions:

_________________________________________________________________________________

_________________________________________________________________________________

Both parties agree that this Marital Agreement shall be governed by the laws of the State of __________and shall remain in effect until expressly terminated in writing by mutual agreement of husband and wife.


Signed in the State of ____________________ on this __________________ day of _________________, 20___


________________________Prospective Husband’s Signature

________________________Printed Name


________________________Prospective Wife’s Signature

________________________Printed Name


Signed in the presence of:


________________________Witness’ Signature

________________________Printed Name


________________________Witness’ Signature

________________________Printed Name



STATE OF_________________________

COUNTY OF________________________


On ____________________________ before me __________________, the undersigned Notary Public, personally appeared ________________________ and ________________________ who are personally known to me or proved on the basis of satisfactory evidence to be the persons whose name are subscribed to this document and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the document the persons or the entity upon behalf of which the persons acted, executed the instrument.


Witness my hand and official seal.


Signature __________________________ 

My Commission Expires ___/___/______

The prenuptial agreement form above is only an example and should not be considered a legal document. Consult a contract or divorce lawyer before using any sample document you find online.


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