DIY Legal Forms

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Premarital Agreement

AGREEMENT made this [Date] between [Name] of [Address], hereinafter referred to as the prospective husband, and [Name] of [Address], hereinafter referred to as the prospective wife, do hereby agree:

The parties contemplate marriage and desire to fix their respective rights and entitlements regarding each other's property.

Each party herewith waives the right to:

Share in each others estate upon death, whether by will, statutory right, statutory share, dower, curtesy, whether such right now exists by case law or by statute. To alimony, whether permanent or rehabilitative, separate maintenance, or other forms of spousal support, or division of property due to their status of marriage or former marriage.

EACH PARTY IS AWARE THAT UNDER THE LAW, COURTS HAVE THE AUTHORITY TO IGNORE THIS AGREEMENT UNDER CERTAIN CIRCUMSTANCES IF ANY SPOUSE IS IMPOVERISHED AND THE OTHER IS NOT

To the sharing in the increase in marital assets regarding separate property during marriage.

To sharing in any pension, profit sharing, government or military pension plan.

Each party acknowledges an opportunity to consult with independent counsel of their own choice.

No Prior Agreements. Except as expressly provided here, the parties acknowledge that they have not entered into any contract, understanding, or agreement, whether express, implied in fact, or implied in law, on their respective property and contractual rights and obligations. The parties want to define their rights regarding their respective property, whether acquired before, during, or after the termination of their nonmarital relationship, and the parties intend that this Agreement evidence their mutual agreement on their respective property and contractual rights and obligations.

Consideration. The parties agree that no part of the consideration for this Agreement is founded on either party's providing meretricious sexual services.

Execute Papers. Each of the parties to the Agreement hereto covenant and agree that they shall execute any and all documents which may be necessary or become necessary to carry out the terms and conditions of this Agreement.

Remedies Cumulative. The remedies provided in this Agreement are cumulative and are in addition to any other remedies in law or equity which may be available to the nonbreaching party in the event of a default. The election of one or more remedies shall not bar the use of other remedies unless the circumstances make the remedies incompatible, nor shall it be deemed a waiver of or an election not to assert any other such right or remedy. No waiver by either party of any failure of the other party to perform its obligation hereunder shall be deemed a waiver of any preceding or succeeding failure to perform any obligations hereunder.

Each party acknowledges that:

they have made a full and complete disclosure of their respective financial conditions to the other prospective spouse. Each spouse represents to the other that they have adequate separate resources for their own support. This premarital agreement represents the entire agreement of the parties, and there are no representations others than those stated herein. This agreement may only be modified in a writing executed by both parties.

READ CAREFULLY BEFORE SIGNING THIS IS A LEGALLY BINDING INSTRUMENT.

Dated:

Signature

Prospective husband

Signature

Prospective wife

Witnessed by:

ATTORNEY'S CERTIFICATION FOR FEMALE

The undersigned hereby certifies that he/she is an attorney at law, duly licensed and admitted to practice in [state]; that he/she has been employed by Female, a party to this Agreement, and that he has advised that party with respect to this Agreement and explained to her the meaning and legal effect of it; and that Female has acknowledged her full and complete understanding of the said Agreement and its legal consequences, and has freely and voluntarily executed the Agreement in his presence.

Signature

ATTORNEY'S CERTIFICATION FOR MALE

The undersigned hereby certifies that he/she is an attorney at law, duly licensed and admitted to practice in [state]; that he/she has been employed by Male, a party to this Agreement, and that he has advised that party with respect to this Agreement and explained to him the meaning and legal effect of it; and that Male has acknowledged his full and complete understanding of the said Agreement and its legal consequences, and has freely and voluntarily executed the Agreement in his presence.

Signature