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Prenuptial Agreement (Marriage Contract)
Clearly outline financial arrangements before marriage with this Prenuptial Agreement Template.
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Prenuptial Agreement (Marriage Contract)
This Prenuptial Agreement ("Agreement") is made and entered into on [Date], by and between:
Party A: [Full Legal Name]
Address: [Address]
and
Party B: [Full Legal Name]
Address: [Address]
Collectively referred to as "the Parties."
1. Purpose of the Agreement
This Agreement is made in contemplation of marriage and shall become effective upon the legal marriage of the Parties. The purpose of this Agreement is to establish the respective rights and obligations of the Parties regarding their individual and joint property, debts, income, and other financial matters.
2. Separate Property
Each Party shall retain full control, ownership, and rights to their separate property acquired before the marriage, including but not limited to real estate, personal property, savings, investments, and business interests.
3. Joint Property
Any property acquired jointly during the marriage shall be considered joint property and may be divided equitably in the event of divorce, unless otherwise agreed in writing.
4. Debts
Each Party shall be responsible for their own separate debts incurred before or during the marriage unless such debts are jointly agreed upon and signed for by both Parties.
5. Spousal Support
In the event of separation or divorce, the Parties agree as follows regarding spousal support (alimony):
[Insert terms – e.g., waive spousal support, agree to fixed amount, or leave open for court decision.]
6. Estate Rights and Inheritance
Nothing in this Agreement shall limit either Party’s right to make gifts or leave inheritances to the other. The Parties agree to waive any statutory rights to the other’s estate unless otherwise stated in a valid will.
7. Full Disclosure
Each Party affirms that they have made a full and fair disclosure of their assets, liabilities, income, and financial obligations prior to signing this Agreement.
8. Voluntariness
Both Parties enter into this Agreement voluntarily and without any pressure, duress, or undue influence. Each Party has had the opportunity to seek independent legal counsel.
9. Amendments and Waivers
This Agreement may only be modified or waived in writing signed by both Parties.
10. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of [State/Country].
11. Effective Date
This Agreement shall become effective upon the legal marriage of the Parties.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first above written.
Party A Signature
Name:
Party B Signature
Name:
[Optional Notarization Section]
Details
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Prenuptial Agreement (Marriage Contract)
PRENUPTIAL AGREEMENT (MARRIAGE CONTRACT) FAQ
What is a Prenuptial Agreement?
A prenuptial agreement, also called a marriage contract, is a legally binding document created by two people before they get married. It outlines each spouse’s financial rights, obligations, and ownership of assets during the marriage, as well as how property, debts, and other financial matters will be handled in the event of separation, divorce, or death.
Why do you need a Prenuptial Agreement?
A prenuptial agreement helps protect personal and family assets, clarify financial responsibilities during the marriage, and reduce conflict if the marriage ends. It can safeguard inheritances, protect business interests, ensure debt is handled fairly, and provide peace of mind for both partners. Having a clear agreement in place can also save significant legal costs and emotional stress in the future.
When should you use a Prenuptial Agreement?
Use a prenuptial agreement before marriage if you or your partner have significant assets, own a business, expect an inheritance, have children from a previous relationship, or simply want to set clear financial expectations. It should be completed and signed well in advance of the wedding to ensure fairness and legal enforceability.
How to write a Prenuptial Agreement?
List all assets, debts, and income for both parties. Clearly outline how property and financial responsibilities will be handled during the marriage and in the event of separation or divorce. Include terms for spousal support, inheritance, and ownership of future earnings or property. Ensure the agreement is signed by both parties, preferably with independent legal advice and notarization, to make it legally valid.
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