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瓦:Draft a Prenuptial Agreement,

(2025-01-27 20:12:39) 下一个

Prenuptial Agreement

This Prenuptial Agreement(Agreement) is entered into on [Date], by and between:
Party A: [Full Legal Name], residing at [Address], hereinafter referred to as Spouse A.
Party B: [Full Legal Name], residing at [Address], hereinafter referred to as Spouse B.

Recitals:

  1. The parties intend to marry on or about [Wedding Date].

  2. Both parties desire to define their respective rights and obligations regarding property, income, debts, and other matters during and after marriage.

  3. Both parties acknowledge full disclosure of assets, liabilities, and financial obligations prior to signing this Agreement.


1. Definitions

  • Separate Property: Assets owned by either party prior to marriage, including but not limited to real estate, investments, businesses, inheritances, and gifts.

  • Marital Property: Assets acquired during the marriage, unless otherwise classified as Separate Property.

  • Debts: Liabilities incurred before or during the marriage.


2. Separate Property

  • Spouse As Separate Property:

    • [List assets, e.g., Bank account #1234 at XYZ Bank, balance $____]

    • [Real estate: Address, deed/title number]

    • [Business interests, investments, etc.]

  • Spouse Bs Separate Property:

    • [List assets, as above]

  • Ownership: All Separate Property, including appreciation, income, or proceeds, shall remain the sole property of the owning spouse.


3. Marital Property

  • Income During Marriage:

    • Wages, salaries, and bonuses earned during the marriage shall be considered [Separate/Marital] Property.

    • If classified as Marital Property, division upon dissolution shall follow [specific terms, e.g., 50/50 or other agreed ratio].

  • Joint Assets:

    • Any property jointly titled (e.g., shared bank accounts, real estate) shall be divided [as described here].


4. Debt Responsibility

  • Pre-marital debts remain the sole responsibility of the incurring spouse.

  • Debts incurred during the marriage for joint household expenses shall be shared [equally/according to income ratio].

  • Individual debts (e.g., credit cards, loans) incurred without written consent of both parties remain the responsibility of the incurring spouse.


5. Spousal Support (Alimony)

  • Both parties waive any claim to spousal support in the event of divorce or separation, unless otherwise agreed in writing.


6. Inheritance and Gifts

  • Inheritances or gifts received by either spouse during the marriage shall remain Separate Property.


7. Termination of Agreement

This Agreement shall terminate upon:

  • Mutual written consent of both parties.

  • Divorce or legal separation, except for provisions intended to survive termination.


8. Governing Law

This Agreement shall be governed by the laws of [State/Country].


9. Legal Counsel

Both parties acknowledge:

  • They have had the opportunity to consult independent legal counsel.

  • They enter this Agreement voluntarily, without coercion or duress.


Signatures

Spouse A: ________________________
Print Name: _________________________
Date: ______________________________

Spouse B: ________________________
Print Name: _________________________
Date: ______________________________

Witness 1: _______________________
Print Name: _________________________
Date: ______________________________

Witness 2: _______________________
Print Name: _________________________
Date: ______________________________


Key Notes for Enforceability:

  1. Full Financial Disclosure: Both parties must fully disclose all assets and debts.

  2. Fairness: Courts may invalidate agreements deemed grossly unfair or unconscionable.

  3. Timing: Sign the agreement well before the wedding (e.g., 30+ days prior) to avoid claims of coercion.

  4. Updates: Review and amend the agreement if major life changes occur (e.g., children, significant wealth changes).

Disclaimer: This template is for general guidance only. Consult a family law attorney to ensure compliance with local laws and protect both parties rights.

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