This Prenuptial Agreement (the "Agreement") is entered into on this day of [Document.CreatedDate] (the Effective Date) by and between:
[FirstParty.FirstName] [FirstParty.LastName] residing at [FirstParty.StreetAddress] [FirstParty.City] [FirstParty.State] [FirstParty.PostalCode] (First Party)
[SecondParty.FirstName] [SecondParty.LastName] residing at [SecondParty.StreetAddress] [SecondParty.City] [SecondParty.State] [SecondParty.PostalCode] (Second Party)
(Collectively referred to as "Parties") who are considering entering into a marriage.
WHEREAS , the Parties agree this Agreement will become effective upon their marriage pursuant to the laws of the State of [FirstParty.State] or other applicable laws, adopted by the State of [FirstParty.State] .
WHEREAS , the Parties intend for this Agreement to provide guidance on the status, ownership, and division of property between them including current property owned or acquired by either Party and future property owned or acquired by either Party during the course of the marriage.
"Asset" means anything of significant value including real property, other real estate investments, income, earnings, retirement accounts, stock options, savings or valuable collections, automobiles or other vehicles, jewelry, business ownership, inheritance, gifts, or any other item owned that has significant monetary value.
"Separate Property" means assets that were acquired before the marriage was entered between the Parties. Separate property shall denote assets that will be retained by the Party who acquired such property in the event of a death of either Party or the dissolution of marriage. Separate property shall not be subject to division in the event of a dissolution of the marriage.
"Marital Property" means assets that were acquired during the course of the marriage that are the property of both Parties. Upon dissolution of the marriage between the Parties, the Marital Property shall be split between each Party according to the percentage denoted in each section of the Agreement.
Remember to define assets, separate property, and marital property in your prenup agreement. Failure to do so may result in a judge deciding which of your assets may be subject to division upon filing for divorce.
Financial information, including net worth, assets, income, holdings, liabilities, and debts have been provided for First Party is attached as Exhibit A and for Second Party is attached as Exhibit B. Parties agree that the financial information provided is truthful and accurate as of the Effective Date of this Agreement.
Be as accurate as possible when drafting your financial information exhibits. If any falsehood or misleading information is included, a judge may rule the entire prenup agreement is null and void, therefore exposing you and your assets to further risk.