Prenuptial Agreement Sample

This is a prenuptial agreement sample. Its purpose is to give you a sample of what a prenuptial agreement looks like and what sort of terms are contained in a prenuptial agreement – to give something concrete to all the theory on this website. You would be very foolish simply to copy this agreement and use it for your own, as everyone’s circumstances differ, and the law differs in every state. Instead I recommend that you study this sample and use it as a basis for getting a Do-it-yourself Prenuptial Agreement.

THIS AGREEMENT MADE IN TRIPLICATE THIS 28th day of July, 2011

BETWEEN:

PRENUPTIAL AGREEMENT

1. This Prenuptial Agreement is made between JOHN SMITH (hereinafter called “John”) and SALLY JONES (hereinafter called “Sally”) who are contemplating marriage each to the other;
2. The parties intend for this Agreement to become effective upon their marriage pursuant to the laws of the State of California, including any Uniform Premarital Agreement Act, or other applicable laws, adopted by the State of California;
3. The parties wish to enter into this agreement to provide for the status, ownership, and division of property between them, including future property owned or to be acquired by either or both of them;
4. The parties further wish to affix their respective rights and liabilities that may result from this relationship;
5. The parties recognize the possibility of unhappy differences that may arise between them. Accordingly, the parties desire that the distribution of any property that either or both of them may own will be governed by the terms of this Agreement and, insofar as the statutory or case law permits, intend that any statutes that may apply to them, either by virtue of Federal or State legislation, will not apply to them;
6. Each party has had the opportunity to retain their own lawyer and receive independent legal advice regarding the terms of this Agreement;
7. The parties have exchanged financial statements providing full and complete disclosure of substantially all of the assets and liabilities property now owned or owing by each of them and voluntarily and expressly waive any other rights to disclosure of the property or financial obligations of each other beyond the disclosure provided;
8. The parties acknowledge that they have been provided with at least seven days to review this Agreement and obtain legal advice before signing;
9. Each party agrees and affirms the following:
   1. THAT the parties did execute the Agreement voluntarily;
   2. THAT this Agreement was not unconscionable when it was executed;
   3. THAT both parties were provided prior to execution of the Agreement a fair and reasonable disclosure of the property or financial obligations of the other party; and
   4. THAT he or she did have, or reasonably could have had, an adequate knowledge of the property or financial obligations of the other party.

   NOW THEREFORE in consideration of the upcoming marriage, and in consideration of the mutual promises and covenants contained in this Agreement, the parties agree as follows:

   1. Except as otherwise provided in this Agreement, such property as is listed in Schedules “A1” and “A2” attached hereto will be and remains the property of the owner described in the said schedule and the other party will have no right to or interest in such present property.
   2. Unless a particular piece of property is explicitly documented as being owned by both parties, the following types of property will not be deemed as shared property:
      1. any property owned by a party at the date of execution of this Agreement; and
      2. any property acquired by a party through an inheritance.
      1. any debts already owing by one party at the date of execution of this Agreement.
      ESTATES AND TESTAMENTARY DISPOSITION
      1. rights to death or survivor benefits under any government or employer pension plan.