A pre-marriage agreement, also known as a prenuptial agreement, is a legal document that outlines how assets and debts will be divided in the event of a divorce. This agreement is typically signed before the marriage takes place and can help protect both parties in case of a separation.
If you`re considering getting a prenuptial agreement, it`s important to know what to include and how to create one. Here`s a sample of a pre-marriage agreement that can guide you in creating your own:
AGREEMENT MADE BETWEEN [NAME OF PARTNER 1] (hereafter referred to as “PARTNER 1”), and [NAME OF PARTNER 2] (hereafter referred to as “PARTNER 2”).
In this agreement, the following definitions shall apply:
a. “Marriage” means the marriage that will take place between PARTNER 1 and PARTNER 2.
b. “Property” refers to all real and personal property that is owned by either party at the time of the Marriage.
c. “Debts” means all debts and liabilities that are either party`s responsibility at the time of the Marriage.
2. SEPARATE PROPERTY
Each party agrees that the following property is their separate property and shall remain so throughout the Marriage:
a. All property owned before the Marriage.
b. All property acquired after the Marriage by gift, bequest, devise, or descent.
c. All property purchased with separate property.
d. Any income derived from separate property.
3. JOINT PROPERTY
All property acquired by either party during the Marriage shall be considered joint property.
4. DIVISION OF PROPERTY
In the event of a divorce, each party shall retain their separate property. Joint property shall be divided equally between the parties.
5. SPOUSAL SUPPORT
In the event of a divorce, neither party shall be entitled to spousal support from the other party.
6. WAIVER OF RIGHTS
Each party acknowledges that they have been advised to seek legal counsel before signing this agreement. Each party has read this agreement, understands its contents, and agrees to be bound by its terms. Each party waives all rights to any property or support not set forth in this agreement.
7. APPLICABLE LAW
This agreement shall be governed by and construed in accordance with the laws of the State of [INSERT STATE].
IN WITNESS WHEREOF, the parties have executed this agreement as of the date and year first above written.
[NAME OF PARTNER 1]
[NAME OF PARTNER 2]
If you`re considering a prenuptial agreement, it`s important to consult with a lawyer who can help you create an agreement that fits your individual needs and circumstances. Remember that a prenuptial agreement is a legal document that can have significant consequences, so it`s important to take it seriously and make sure it`s done right.