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Prenuptial Agreement



Between [Name Of Husband] And [Name Of Wife]

THIS AGREEMENT made this [DAY] day of [MONTH] , [YEAR] , between [NAME OF HUSBAND] and [NAME OF WIFE] (COLLECTIVELY REFERRED TO AS THE "PARTIES"). The parties having agreed to marry as an outward expression to the world of their shared love and desire to be a union, now make this agreement with regard to their material possessions.

1. THE SEPARATE PROPERTY OF THE HUSBAND.

The parties acknowledge that THE HUSBAND had separate property prior to this marriage and he has chosen to deal with that property in this manner:

a. The property included in exhibit "A" is acknowledged by the parties to be the separate property of the HUSBAND and the WIFE make no claim to this property. This property will bear no liability for any of the debts of the WIFE to the greatest extent permissible under the laws of the state of [STATE] .

[Alternative]

b. The property included in exhibit "A" is acknowledged by the parties to be the separate property of the HUSBAND, however the HUSBAND has decided to transmute the title of this property to JOINT TENANCY / COMMUNITY PROPERTY.

2. THE SEPARATE PROPERTY OF THE WIFE.

The parties acknowledge that THE WIFE had separate property prior to this marriage and she has chosen to deal with that property in this manner:

a. The property included in exhibit "C" is acknowledged by the parties to be the separate property of the WIFE and the HUSBAND make no claim to this property. This property will bear no liability for any of the debts of the HUSBAND to the greatest extent permissible under the laws of the state of [STATE] .

[Alternative]

b. The property included in exhibit "D" is acknowledged by the parties to be the separate property of the WIFE, however the WIFE has decided to transmute the title of this property to JOINT TENANCY / COMMUNITY PROPERTY.

3. JOINTLY OWNED PROPERTY OF THE SPOUSES.

The property designated in clauses 2 and 4 as being JOINT TENANCY / COMMUNITY PROPERTY shall be all the JOINT TENANCY / COMMUNITY PROPERTY of the marital community.

4. PROPERTY ACCUMULATED DURING THE MARRIAGE.

The parties have decided that all property accumulated during this marriage by either party shall be (their joint tenancy property / community property / shall be titled as one or the other parties separate property. Each title document shall be attached to this agreement and shall be incorporated herein as a part of this agreement.)

5. PROPERTY OF THE CHILDREN OF THIS MARRIAGE.

Each child of this marriage shall take his [or her] share of their parents property as set forth in the [FAMILY REVOCABLE LIVING TRUST / PARENT'S WILL] .

6. PROPERTY RIGHTS OF CHILDREN OF PRIOR MARRIAGES.

Each child of this marriage shall take his [or her] share of their parents property as set forth in the [FAMILY REVOCABLE LIVING TRUST / PARENT'S WILL] .

7. DISTRIBUTION OF PROPERTY UNDER CLAUSES 3 AND 4 UPON DISSOLUTION OF THIS MARRIAGE.

It is the desire of the parties that if this marriage should be dissolved then each party should take their separate property. Each piece of JOINT TENANCY / COMMUNITY PROPERTY shall be divided one half to each party, after each piece of property has reimbursed either party who has benefited said property with separate property contributions.

8. AMENDMENT OF THIS AGREEMENT.

While this agreement remains in effect the parties agree to settle any disputes which arise under it through resort to mediation before a professional mediator. Both parties are to pay half of the fee's unless it is clear to the mediator that one of the parties is requesting mediation only to incur costs the other party cannot reasonably be expected to pay. If mediation fails than the dispute is to go before a single arbitrator. The arbiter need not be a solicitor or professional adjudicator, but may be a person with professional experience and training in family and/or community property law applicable in the state of _____________________.

9. TERMINATION OF THIS AGREEMENT.

This agreement may be terminated at any time by the parties written agreement. We agree that from time to time an amendment of this agreement may be desirable and we therefore agree that said amendment may be accomplished by written amendment only.

10. GENERAL PROVISIONS

10.1. Notices. All notices and other communications provided for or permitted hereunder shall be in writing and shall be made by hand delivery, registered or certified mail, addressed as follows:

[PARTY] [ADDRESS]

[PARTY] [ADDRESS]

All such notices and communications shall be deemed to have been duly given when delivered by hand, if personally delivered; three (3) business days after deposit in any United States Post Office, postage prepaid, if mailed; when answered back, if faxed; and when receipt is acknowledge.

10.2. Solicitor Fees. In the event that a dispute arises with respect to this Agreement, the party prevailing in such dispute shall be entitled to recover all expenses, including, without limitation, reasonable solicitor fees and expenses, incurred in ascertaining such party's rights or in preparing to enforce, or in enforcing, such party's rights under this Agreement, whether or not it was necessary for such party to institute suit.

10.3. Complete Agreement of the Parties. This is the complete agreement of the parties and it supersedes any agreement that has been made prior to this agreement.

10.4. Assignment. This Agreement is of a personal nature and may not be assigned.

10.5. Binding. This Agreement shall be binding both of the parties hereto.

10.6. Number and Gender. Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural.. The masculine gender shall include the feminine and neuter genders, and the word "person" shall include a corporation, firm, partnership, or other form of association.

10.7. Governing Law. The parties hereby expressly acknowledge and agree that this Agreement is entered into in the State of [STATE] and, to the extent permitted by law, this Agreement shall be construed, and enforced in accordance with the laws of the State of [STATE] .

10.8. Failure to Object Not a Waiver. The failure of a party to object to, or to take affirmative action with respect to, any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach or of any future violation, breach, or wrongful conduct until 180 days since the wrongful act or omission to act has passed.

10.9. Unenforceable Terms. Any provision hereof prohibited or unenforceable under any applicable law of any jurisdiction shall as to such jurisdiction be ineffective without affecting any other provision of this Agreement. To the full extent, however, that the provisions of such applicable law may be waived, they are hereby waived to the end that this Agreement be deemed to be a valid and binding agreement enforceable in accordance with its terms.

10.10. Execution In Counterparts. This Agreement may be executed in several counterparts and when so executed shall constitute shall constitute one agreement binding on all the parties, notwithstanding that all the parties are not signatory to the original and same counterpart.

10.11. Further Assurance. From time to time each party shall execute and deliver such further instruments and shall take such other action as any other party may reasonably request in order to discharge and perform their obligations and agreements hereunder and to give effect to the intentions expressed in this Agreement.

10.12. Incorporation By Reference. All exhibits referred to in this Agreement are incorporated herein in their entirety by such reference.

10.13. Cross-References. All cross-references in this Agreement, unless specifically directed to another agreement or document, refer to provisions in this Agreement, and shall not be deemed to be references to any overall transaction or to any other agreements or documents.

10.14. Miscellaneous Provisions. The various headings and numbers herein and the grouping of provisions of this Agreement into separate divisions are for the purpose of convenience only and shall not be considered a part hereof. The language in all parts of this Agreement shall in all cases be construed in accordance to its fair meaning as if prepared by all parties to the Agreement and not strictly for or against any of the parties.

Party signature:

Party signature:

The above parties known to us personally or proved to us by presentation of valid identification, signed and published the above as their PRENUPTIAL AGREEMENT, in our presence. At his request, we have signed our names and written our addresses on this will as witness this [DAY] day of [MONTH] , [YEAR] .

Witness Address

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