Prenuptial Agreement Sample

Getting those pre-marriage jitters? On top of it, you have been told to get a 'prenup' made, as soon as possible, with your would be spouse. That is, I am sure, the last nail in the coffin for you to have a probable breakdown. But don't worry, prenuptial agreement is not that nightmarish. It is a legal document which refers to a contract which is made before two individuals tie the knot or before any other agreement by the people going to be in a wedlock or a contract with each other.

Prenuptial Agreement

As mentioned before, a pre nup is a pre marriage contract and chiefly includes provisions for support of the spouse and division of property. That is more so in the case of divorce or break up of marriage. It is a part of the umbrella of family law. There are 5 things without which a this agreement cannot be held valid. These are -

• The contract should be in writing.
• The conditions have to be executed voluntarily.
• At the time of execution, there has to be a clear and transparent disclosure.
• The agreement cannot be unconscionable.
• It has to be executed by both parties and not their legal representatives in the manner required for a deed to be recorded known as an acknowledgment before a public notary.

Many times, it is made by those who either have children or grandchildren from a previous marriage. In such cases, a spouse may bank upon the agreement to make sure that the major chunk of his or her property goes to his children or grandchildren instead of the spouse. Further, depending on the related state laws, it may vary from one state to another.

Example of a Prenuptial Agreement

________________________________________, hereinafter referred to as Prospective Husband, and _______________________________________, hereinafter referred to as Prospective Wife, hereby agree on this _____ day of ________________, in the year ______, as follows:

1. Prospective Husband and Prospective Wife contemplate marriage in the near future and wish to establish their respective rights and responsibilities regarding each other's income and property and the income and property that may be acquired, either separately or together, during the marriage.
2. Prospective Husband and Prospective Wife have made a full and complete disclosure to each other of all of their financial assets and liabilities, as more fully set forth in the accompanying Financial Statements, attached hereto as Exhibits A and B.
3. Except as otherwise provided below, Prospective Husband and Prospective Wife waive the following rights:

• To share in each other's estates upon their death.
• To spousal maintenance, both temporary and permanent.
• To share in the increase in value during the marriage of the separate property of the parties.
• To share in the pension, profit sharing, or other retirement accounts of the other.
• To the division of the separate property of the parties, whether currently held or hereafter acquired.
• To any claims based on the period of cohabitation of the parties.

4. [SET FORTH RELEVANT EXCEPTIONS HERE.]
5. [ADDITIONAL PROVISIONS HERE. These can range from prescribing that the children will be raised in a particular religion to allocating household chores between the parties.]
6. Both Prospective Husband and Prospective Wife are represented by separate and independent legal counsel of their own choosing.
7. Both Prospective Husband and Prospective Wife have separate income and assets to independently provide for their own respective financial needs.
8. This agreement constitutes the entire agreement of the parties and may be modified only in a writing executed by both Prospective Husband and Prospective Wife.
9. 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.
10. This agreement is made in accordance with the laws of the state of _________________, and any dispute regarding its enforcement will be resolved by reference to the laws of that state.
11. This agreement will take effect immediately upon the solemnization of the parties' marriage.

I HAVE READ THE ABOVE AGREEMENT, I HAVE TAKEN TIME TO CONSIDER ITS IMPLICATIONS, I FULLY UNDERSTAND ITS CONTENTS, I AGREE TO ITS TERMS, AND I VOLUNTARILY SUBMIT TO ITS EXECUTION.
_______________________________
Prospective Husband
______________________________
Prospective Wife

These were the basic things included in a prenuptial agreement form. This is not the standard format. It is just a generic format which explains what all can be and is included. As per the requirements of the couple, additional clauses can be included.

However, it is important to remember one thing here, that if the agreement focuses on personal issues rather than the financial or monetary issues, it would not be upheld by the court. Therefore seeking legal advice is the best bet while making such agreement. What is more, there are umpteen sites which have free sample forms.

So, now say goodbye to your prenup anxieties and breathe easy! All the best!