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1. Introduction. Agreement dated [date] between [name], residing at [address] (Prospective Wife), and [name], residing at [address] (Prospective Husband).
2. Reason for Agreement. The parties intend to marry and in anticipation of their marriage wish to arrange and determine the status of all property presently owned by them and that may be acquired by each of them during the marriage.
3. Prospective Husband's Net Worth and Income. Prospective Husband estimates his present net worth to be ---------- dollars ($----------), the details of which are set out in Exhibit A [omitted] attached to and made a part of this Agreement. Prospective Husband's gross income from sources in [year] was ---------- dollars ($----------). Prospective Husband expects that his net worth and gross income will increase in future years [or, expects no substantial increase in his net worth or gross income in future years].
4. Prospective Wife's Net Worth and Income. Prospective Wife estimates her present net worth to be ---------- dollars ($----------), the details of which are set out in Exhibit B [omitted] attached to and made a part of this Agreement. Prospective Wife's gross income from all sources in [year] was ---------- dollars ($----------). Prospective Wife anticipates no substantial increase in her net worth or gross income in future years [or, expects that her net worth and gross income will increase in future years].
5. Neither Party to Have an Interest in the Other's Property. Each party releases any claims that he or she may acquire by reason of their forthcoming marriage in the property of the other, whether presently owned or hereafter acquired, and whether characterized as community or quasi-community property in the State or States in which the parties reside after their marriage. Each party shall be free to dispose of his or her property free of any claims of the other.
6. Waiver of Rights in Each Other's Estate. Each party waives any right that he or she may have to elect to take an intestate share of the other's estate in contravention of the terms of the deceased party's will. Each party will refrain from any action that might change or abrogate any provision of the other party's will.
7. Transfer of Property by Prospective Husband to Prospective Wife. In consideration of their marriage, Prospective Husband will transfer to Prospective wife the real and personal property set out in Schedule C [omitted] attached to and made a part of this Agreement. The property shall be transferred no later than [date] and the transfer shall be absolute and free of any claim by Prospective Husband or any third party.
8. Prospective Husband to Make Bequest in Favor of Prospective Wife. If the parties marry, Prospective Husband will include a bequest to Prospective Wife in Prospective Husband's will of ---------- dollars ($----------), free of all taxes and charges, provided:
(a) Prospective Wife survives Prospective Husband and
(b) the parties are not divorced nor has the marriage been annulled at the time of Prospective Husband's death.
9. No Warranties or Representations Other Than Those Contained in This Agreement. Neither party has made any representation or warranty to other with regard to his or her present net worth and income and his or her future expectations other than those contained in this Agreement.
10. Parties Represented by Counsel. Each party is represented by counsel of his or her choice, and each has been independently informed of this legal import of this Agreement, Prospective Wife is represented by [name], Esq., whose offices are at [address], and Prospective Husband is represented by [name], Esq., whose office are at [address].
11. Parties to Execute Further Instruments and Take Acts to Effectuate Purpose of Agreement. Each party, when requested by the other, shall execute such further instruments and take such further steps as may be reasonably necessary to effectuate the purpose of this Agreement.
12. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of [state].
This Section for Notary:
STATE OF -------)
) ss: [date]
COUNTY OF ------)
On [Date] before me, [Name of Notary], notary, personally appeared [Name of Person(s) Involved], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
[Name of Notary Public]
My commission expires: [date]