Free Prenuptial Agreement (Sample and Template)
Prenuptial
Agreement
This Prenuptial
Agreement ("Agreement") is made and entered into on [insert date] by
and between [insert name], hereinafter referred to as "Prospective Spouse
1," and [insert name], hereinafter referred to as "Prospective Spouse
2," collectively referred to as the "Parties."
WHEREAS, the
Parties intend to be married to each other on [insert date]; and
WHEREAS, the
Parties wish to clearly establish their respective rights and obligations with
respect to their property and financial matters during and after the marriage;
NOW, THEREFORE,
in consideration of the mutual promises contained herein, the Parties agree as
follows:
Property
Ownership and Division: Each Party acknowledges that all property owned by them
prior to the marriage shall remain their separate property and shall not be
subject to division upon divorce or death of either Party. All property
acquired during the marriage by either Party, individually or jointly, shall be
considered marital property, and shall be divided in accordance with applicable
law upon divorce or death of either Party.
Maintenance and
Support: Each Party waives any claim for maintenance or support from the other
Party in the event of divorce or legal separation, and agrees to make no claim
for maintenance or support from the other Party in the future.
Inheritance and
Estate Planning: Each Party acknowledges that they have the right to dispose of
their property by will or trust as they see fit, and that nothing in this
Agreement shall affect such right. However, each Party agrees to include a
provision in their will or trust that provides for the disposition of their
property in accordance with the terms of this Agreement.
Attorneys' Fees:
Each Party acknowledges that they have had the opportunity to consult with an
attorney of their own choosing regarding the terms of this Agreement. Each
Party shall be responsible for their own attorneys' fees in connection with the
preparation and execution of this Agreement.
Amendments and
Modifications: This Agreement may not be amended or modified except in writing
signed by both Parties.
Governing Law:
This Agreement shall be governed by and construed in accordance with the laws
of the State of [insert state], without giving effect to any principles of
conflicts of law.
Entire Agreement:
This Agreement constitutes the entire understanding between the Parties and
supersedes all prior negotiations, understandings, and agreements between the
Parties.
Execution and
Delivery: This Agreement shall be executed in duplicate originals and delivered
to each Party.
IN WITNESS
WHEREOF, the Parties have executed this Prenuptial Agreement as of the date
first written above.
Prospective
Spouse 1:
[insert
signature]
[insert printed
name]
Prospective
Spouse 2:
[insert
signature]
[insert printed
name]