State of ______________

PRENUPTIAL AGREEMENT
This Prenuptial Agreement (this “Agreement”) is entered into on this ______ day of _______________,
20______, by and between:

First Party: ________________________ residing at ________________________________________

(the “First Party”) and

Second Party: ________________________ residing at ______________________________________

(the “Second Party”), each of whom may be referred to individually as a “Party” and collectively as the
“Parties.”

WHEREAS, the Parties intend to marry each other; and

WHEREAS, (Check one) ☐ the First Party has been previously married ☐ the Second Party has
been previously married ☐ both Parties have been previously married ☐ both Parties have NOT
been previously married; and

WHEREAS, the First Party has __________ child(ren) from a previous relationship; and

WHEREAS, the Second Party has __________ child(ren) from a previous relationship; and

WHEREAS, the Parties currently have __________ child(ren) together; and

WHEREAS, the Parties wish to provide for their respective rights and obligations with respect to their own
and each other’s assets and property, including the property each of the Parties separately owned before
the marriage and the property the Parties may acquire separately during the marriage, in the event the
marriage is terminated for any reason; and

WHEREAS, each Party has made full, fair and reasonable disclosure to the other Party of his or her
financial information regarding net worth, assets, income, holdings, liabilities and debts as set forth in
Exhibits A and B to this Agreement. The First Party’s financial information is set forth in Exhibit A to this
Agreement. The Second Party’s financial information is set forth in Exhibit B to this Agreement; and

WHEREAS, each Party acknowledges receipt, review and understanding of the other Party’s financial
information prior to signing this Agreement; and

WHEREAS, the Parties represent that they have had the opportunity to separately consult with legal
counsel, however chose not to engage legal counsel in the drafting and negotiation of this Agreement.

NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, the Parties
do hereby mutually agree to the following:
1. Effective Date. This Agreement will be effective on the date of the marriage between the Parties. In
the event the Parties do not marry each other, this Agreement will be null and void and its provisions will
be unenforceable.

2. Premarital Property. (Check one)

☐ Joint property. Each Party’s property listed in Exhibit A and Exhibit B that is separately owned prior
to the marriage will be considered the marital property of both Parties.

☐ Separate property. With respect to property acquired prior to the marriage, each Party’s property
listed in Exhibit A and Exhibit B will remain as the respective Party’s non-marital, separate and individual
property during and after the marriage, including any increase in the value relating to the property. Each
Party will have the full right and authority to manage, sell, gift, transfer or otherwise dispose of his or her
separate property. However, the following property will be considered the marital property of both
Parties: _____________________________________________________________________________
___________________________________________________________________________ (Optional)

3. Property Acquired During Marriage. (Check one)

☐ Joint property. All assets, real property, and personal property earned, acquired and given to either
Party individually during marriage and earned and acquired by both Parties through their joint efforts or
given to both Parties will be treated as marital property and owned by both Parties equally or as otherwise
designated in a writing signed by both Parties.

☐ Separate property. With respect to property acquired during marriage, any property earned,
acquired and given to either Party individually during marriage will be treated as such Party’s non-marital,
separate and individual property, including any increase in the value relating to the property. Each Party
will have the full right and authority to manage, sell, gift, transfer or otherwise dispose of his or her
separate property. All assets and property that are earned and acquired by both Parties through their joint
efforts or given to both Parties will be treated as marital property and owned equally by the Parties or as
otherwise designated in a writing signed by both Parties.

☐ Separate property, with exceptions. With respect to property acquired during marriage, any
property earned, acquired and given to either Party individually during marriage will be treated as such
Party’s non-marital, separate and individual property, including any increase in the value relating to the
property. Each Party will have the full right and authority to manage, sell, gift, transfer or otherwise
dispose of his or her separate property. However, the following individual property will be considered the
marital property of both Parties:
_______________________________________________________________________
___________________________________________________________________________ (Optional)
All assets and property that are earned and acquired by both Parties through their joint efforts or given to
both Parties will be treated as marital property and owned equally by the Parties or as otherwise
designated in a writing signed by both Parties.
4. Division of Marital Property. In the event the marriage is terminated, all marital property: (Check one)

☐ Shall be divided between the Parties with the First Party receiving __________% of the marital
property and the Second Party receiving __________% of the marital property.
☐ Is subject to division as determined by the jurisdiction whose law governs the construction of this
Agreement.

5. Ownership of Business. With respect to the ownership of business:

a. Any business that is separately owned by either Party prior to the marriage will remain as that
Party’s non-marital, separate and individual property and will not be subject to division in the event the
marriage is terminated. Any appreciation in the value of the business during the course of the
marriage will be: (Check one)

☐ Granted to the Party that currently owns the business

☐ Shared equally by the Parties
☐ Divided between the Parties as follows: __________% to the First Party and __________% to the
Second Party or as otherwise designated in a writing signed by both Parties
☐ Do not specify

b. Any business acquired by either Party or given to either Party during the marriage will be treated as
marital property and jointly owned by both Parties. In the event the marriage is terminated, ownership
of the business and any appreciation in the value of the jointly owned business during the course of
the marriage will be: (Check one)

☐ Granted to the First Party

☐ Granted to the Second Party
☐ Shared equally by the Parties
☐ Divided between the Parties as follows: __________% to the First Party and __________% to the
Second Party or as otherwise designated in a writing signed by both Parties
☐ Do not specify

6. Waiver of Rights. Except as otherwise stated herein, each Party waives and releases any claims that
he or she may otherwise acquire in the assets and property of the other Party as a result of the marriage,
regardless of whether the assets and property were owned prior to the marriage or acquired thereafter.
This waiver applies regardless of whether the property is considered marital or community property by the
jurisdiction whose law governs the construction of this Agreement.

Spousal support (Check one)

☐ In the event the marriage is terminated by reason of annulment, divorce or separation, each Party
waives and releases any claims that he or she may have against the other Party for spousal support or
alimony.
☐ Not applicable.
7. Premarital Debts. (Check one)

☐ Joint debt. Each Party’s existing debts or obligations listed in Exhibit A and Exhibit B that is the sole
responsibility of either Party prior to the marriage will be considered the marital debt of both Parties.

☐ Separate debt. With respect to debts incurred prior to the marriage, each Party’s pre-existing debts
or obligations listed in Exhibit A and Exhibit B will remain as the respective Party’s sole responsibility
during and after the marriage. Any increase in the value of the pre-existing debts or obligations will also
remain the sole responsibility of the respective Party. However, the following debts or obligations will be
considered the marital debt of both Parties: ________________________________________________
__________________________________________________________________________ (Optional)

8. Debts Acquired During Marriage. (Check one)

☐ Joint debt. All debts or obligations incurred by either Party, individually or jointly, will be treated as
marital debt and will be the responsibility of both Parties equally or as otherwise designated in writing
signed by both parties.

☐ Separate debt. With respect to any debts or obligations incurred during marriage, any debts or
obligations incurred by either Party during the marriage will be such Party’s sole responsibility, and the
other Party will not assume or become responsible for such debts or obligations without his or her written
consent. Each Party will indemnify the other Party and be responsible for all related expenses including
attorney’s fees if a debt or obligation is asserted as a claim or demand against the other Party’s property.
However, the following debts or obligations will be considered the marital debt of both Parties:
____________________________________________________________________________________
___________________________________________________________________________ (Optional)

All debts and obligations that are incurred by both Parties jointly will be treated as marital debt and will be
the obligation of both Parties equally or as otherwise designated in a writing signed by both Parties.

9. Division of Marital Debt. In the event the marriage is terminated, the marital debt: (Check one)

☐ Shall be divided between the Parties with the First Party responsible for __________% of the marital
debt and the Second Party responsible for __________% of the marital debt.
☐ Is subject to division as determined by the jurisdiction whose law governs the construction of this
Agreement.

10. Taxes. During their marriage, the Parties agree to file: (Check one)

☐ Joint federal and state income tax returns, or as otherwise designated in writing. The Parties election
to jointly file federal and state income tax returns shall not create any community property or any other
rights or interests unless otherwise intended by the provisions of this Agreement, and each Party will
continue to be liable for any and all taxes associated with his or her separate property. Federal gift tax
laws and federal estate tax laws impacting the rights of spouses shall continue to apply independent of
this Agreement.
☐ Separate federal and state income tax returns, or as otherwise designated in writing. This Agreement
does not waive the Parties' right to report their income for federal or state income tax purposes jointly.
The Parties may elect to jointly file federal and state income tax returns, but this election shall not create
any community property or any other rights or interests unless otherwise intended by the provisions of
this Agreement, and each Party will continue to be liable for any and all taxes associated with his or her
separate property. Federal gift tax laws and federal estate tax laws impacting the rights of spouses shall
continue to apply independent of this Agreement.

☐ Do not specify.

11. Marital Residence. (Check one)

☐ Separate ownership. The Parties' marital residence will remain as the non-marital, separate and
individual property of the (Check one) ☐ First Party ☐ Second Party during and after the marriage.

☐ Joint ownership. The Parties’ marital residence will be treated as marital property and owned
equally by both Parties.

Party to remain in the marital home (Check one)

☐ In the event the marriage is terminated, the (Check one) ☐ First Party ☐ Second Party
shall have the right to continue living in the Parties’ marital residence for __________ years after
the termination of the marriage.
☐ Do not specify.

12. Household Expenses. The First Party will be responsible for payment of the following household
expenses from the First Party’s separate account: ____________________________________________
____________________________________________________________________________________

The Second Party will be responsible for payment of the following household expenses from the Second
Party’s separate account: _______________________________________________________________
____________________________________________________________________________________

Both Parties will be responsible for payment of the following household expenses equally out the Parties’
joint account. Household expenses will include the following: ___________________________________
____________________________________________________________________________________

13. Disability. (Check one)

☐ If either Party becomes partially or totally disabled, the other Party shall be completely responsible for
providing the necessary care to the disabled Party to the full extent of that Party’s capacity and ability.

☐ If either Party becomes partially or totally disabled, the other Party shall NOT be responsible for
providing the necessary care to the disabled Party.
14. Rights upon Death of One Party. If one Party survives the death of the other, the surviving Party
(Check one) ☐ shall not ☐ shall have the right to continue living in the Parties’ marital residence for
the remainder of the surviving Party’s lifetime or as otherwise specified in the respective property deed or
in the Living Will and Testament of the decedent Party.

Inheriting the marital home (Check one)

☐ The surviving Party shall receive the personal property of the decedent Party. The surviving Party
understands and agrees that any right to the marital home and personal property will be governed by the
respective property deed unless otherwise stipulated in writing or the Last Will and Testament of the
decedent Party.
☐ The surviving Party shall NOT receive the personal property of the decedent Party. The surviving
Party knowingly and voluntarily waives any right to a share in the distribution of the estate of the decedent
Party, unless otherwise stipulated in the provisions of this Agreement.

The Last Will and Testament of the decedent Party or applicable state laws shall control. Both Parties,
however, understand and agree that they may name the other Party as a beneficiary in their Last Will and
Testament, life insurance policy or retirement plan. Such a transfer, bequest, or designation takes
precedence over any provisions of this Agreement.

15. Additional Provisions. ____________________________________________________________

___________________________________________________________________________________
___________________________________________________________________________________

16. Children from Marriage. If there are any children of the marriage between the Parties, this
Agreement will not affect the rights of such child or children to receive support from either or both Parties.

17. Binding. This Agreement will inure to the benefit of and be binding upon the Parties and their
successors, heirs, executors, administrators, assigns and representatives.

18. Severability. In the event that any provision of this Agreement is held to be invalid, illegal or
unenforceable in whole or in part, the validity, legality and enforceability of the remaining provisions shall
not be affected and the remaining provisions shall be construed, to the extent possible, to give effect to
this Agreement without the inclusion of such invalid, illegal or unenforceable provision.

19. Governing Law. The terms of this Agreement shall be governed and construed in accordance with
the laws of State of _________________, not including its conflicts of law provisions.

20. Disputes. Any disputes arising from this Agreement shall be resolved through: (Check one)

☐ Court litigation. Disputes shall be resolved in the courts of the State of _________________.

(Check if applicable)
☐ If either Party brings legal action to enforce its rights under this Agreement, the prevailing
party will be entitled to recover from the other Party its expenses (including reasonable attorneys’
fees) incurred in connection with the action and any appeal.
☐ Binding arbitration. Binding arbitration shall be conducted in accordance with the rules of the
American Arbitration Association.

☐ Mediation.

☐ Mediation, then binding arbitration. If the dispute cannot be resolved through mediation, then the
dispute will be resolved through binding arbitration conducted in accordance with the rules of the
American Arbitration Association

21. Headings. The section headings herein are for references purposes only and shall not otherwise
affect the meaning, construction or interpretation of any provision in this Agreement.

22. Entire Agreement. This Agreement, including all Exhibits attached hereto, contains the entire
understanding between the Parties and supersedes and cancels all prior agreements of the Parties,
whether oral or written, with respect to such subject matter.

23. Amendment or Revocation. This Agreement may be amended or modified only by a written
agreement signed by both of the Parties. This Agreement may be revoked if both Parties sign a written
agreement before the presence of a notary public or other authorized official. Revocation shall become
effective when properly recorded as required by state and local laws.

24. Acknowledgment. The Parties acknowledge that they have been informed of their legal rights, have
been given an adequate amount of time to consider entering into this Agreement, have read and
understand this Agreement, agree with the contents of this Agreement and believe it to be fair, have not
been pressured or coerced into signing this Agreement and have chosen to freely and voluntarily enter
into this Agreement.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

First Party’s Signature First Party’s Full Name

Second Party’s Signature Second Party’s Full Name

 NOTARY ACKNOWLEDGMENT

State of _________________ )
) (Seal)
County of _________________ )

The foregoing instrument was acknowledged before me this ______ day of _______________,
20______, by the undersigned, ________________________, who is personally known to me or
satisfactorily proven to me to be the person whose name is subscribed to the within instrument.

_____________________________________
Signature

_____________________________________
Notary Public

My Commission Expires: ________________

State of _________________ )
) (Seal)
County of _________________ )

The foregoing instrument was acknowledged before me this ______ day of _______________,
20______, by the undersigned, ________________________, who is personally known to me or
satisfactorily proven to me to be the person whose name is subscribed to the within instrument.

_____________________________________
Signature

_____________________________________
Notary Public

My Commission Expires: ________________

 Exhibit A

First Party’s Financial Disclosures:

 Exhibit B

Second Party’s Financial Disclosure: