Prenuptial Agreement
This Prenuptial Agreement(Agreement) is entered into on [Date], by and between:Party A: [Full Legal Name], residing at [Address], hereinafter referred to as Spouse A.
Party B: [Full Legal Name], residing at [Address], hereinafter referred to as Spouse B.
Recitals:
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The parties intend to marry on or about [Wedding Date].
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Both parties desire to define their respective rights and obligations regarding property, income, debts, and other matters during and after marriage.
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Both parties acknowledge full disclosure of assets, liabilities, and financial obligations prior to signing this Agreement.
1. Definitions
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Separate Property: Assets owned by either party prior to marriage, including but not limited to real estate, investments, businesses, inheritances, and gifts.
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Marital Property: Assets acquired during the marriage, unless otherwise classified as Separate Property.
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Debts: Liabilities incurred before or during the marriage.
2. Separate Property
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Spouse As Separate Property:
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[List assets, e.g., Bank account #1234 at XYZ Bank, balance $____]
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[Real estate: Address, deed/title number]
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[Business interests, investments, etc.]
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[List assets, e.g., Bank account #1234 at XYZ Bank, balance $____]
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Spouse Bs Separate Property:
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[List assets, as above]
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[List assets, as above]
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Ownership: All Separate Property, including appreciation, income, or proceeds, shall remain the sole property of the owning spouse.
3. Marital Property
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Income During Marriage:
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Wages, salaries, and bonuses earned during the marriage shall be considered [Separate/Marital] Property.
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If classified as Marital Property, division upon dissolution shall follow [specific terms, e.g., 50/50 or other agreed ratio].
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Wages, salaries, and bonuses earned during the marriage shall be considered [Separate/Marital] Property.
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Joint Assets:
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Any property jointly titled (e.g., shared bank accounts, real estate) shall be divided [as described here].
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Any property jointly titled (e.g., shared bank accounts, real estate) shall be divided [as described here].
4. Debt Responsibility
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Pre-marital debts remain the sole responsibility of the incurring spouse.
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Debts incurred during the marriage for joint household expenses shall be shared [equally/according to income ratio].
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Individual debts (e.g., credit cards, loans) incurred without written consent of both parties remain the responsibility of the incurring spouse.
5. Spousal Support (Alimony)
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Both parties waive any claim to spousal support in the event of divorce or separation, unless otherwise agreed in writing.
6. Inheritance and Gifts
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Inheritances or gifts received by either spouse during the marriage shall remain Separate Property.
7. Termination of Agreement
This Agreement shall terminate upon:-
Mutual written consent of both parties.
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Divorce or legal separation, except for provisions intended to survive termination.
8. Governing Law
This Agreement shall be governed by the laws of [State/Country].9. Legal Counsel
Both parties acknowledge:-
They have had the opportunity to consult independent legal counsel.
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They enter this Agreement voluntarily, without coercion or duress.
Signatures
Spouse A: ________________________Print Name: _________________________
Date: ______________________________
Spouse B: ________________________
Print Name: _________________________
Date: ______________________________
Witness 1: _______________________
Print Name: _________________________
Date: ______________________________
Witness 2: _______________________
Print Name: _________________________
Date: ______________________________
Key Notes for Enforceability:
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Full Financial Disclosure: Both parties must fully disclose all assets and debts.
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Fairness: Courts may invalidate agreements deemed grossly unfair or unconscionable.
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Timing: Sign the agreement well before the wedding (e.g., 30+ days prior) to avoid claims of coercion.
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Updates: Review and amend the agreement if major life changes occur (e.g., children, significant wealth changes).
