Pre-nuptial Agreement

Updated at:March 2010
 
FREE EXCERPT

The following form is intended for illustrative purposes only. You and your attorney can use this sample as a guide in drafting a prenuptial agreement that best protects your interests and complies with the laws in effect where you live.

___________________________________, Hereinafter referred to as Prospective Husband, and ___________________________, Hereinafter referred to as Prospective Wife, hereby agree on this _____ day of ________________, in the year ______, as follows:

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.

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.

Except as otherwise provided below, Prospective Husband and Prospective Wife waive the following rights:

To share in each other's estates upon their death or separation/divorce without a prenup, state law will specify how your property will be divided if you ever divorce. These laws may dictate a result that neither of you wants. You can use a prenup to establish your own rules for property division and avoid potential disagreements in the event of a divorce. In most states, you can also make agreements about whether or not one or both of you will be entitled to alimony.

To spousal maintenance, both temporary and permanent.

To share in the increase in value during the marriage of the separate property of the parties.

(i) Whether to file joint or separate income tax returns or to allocate income and tax deductions on separate tax returns

(ii) Who will pay the household bills - and how?

(iii) Whether to have joint bank accounts and, if so, how you will manage them

(iv) Agreements about specific purchases or projects, such as buying a house together or starting up a business.

(v) How you will handle credit card charges -- for instance, whether you will use different cards for different types of purchases, what kinds of records you will keep, and how you will make payments

(vi) Agreements to set aside money for savings

(vii) Agreements for putting each other through college or professional school

(viii) Whether you will provide for a...

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