This required section states the names of the prospective husband and wife. The Agreement will not be effective until the marriage is solemnized. Press [Ctrl+F1] for more information.
This required section recites background information and explains the reasons for making this Agreement. Press [Ctrl+F1] for more information.
This optional section allows the parties to treat the property owned prior to marriage, and subsequently acquired property, as the separate property of each party. Press [Ctrl+F1] for more information.
This optional section permits the parties to state where they will live and how the expenses associated with the maintenance of the residence shall be paid.
This optional provision allows the parties to state how their earnings will be treated. For example, the earnings of each may be treated as separate property, or state their own arrangements. Press [Ctrl+F1] for more information.
This optional section permits the couple to specify how living expenses will be handled. Options include joint accounts, and the items to be paid from separate accounts. Press [Ctrl+F1] for more information.
This section addresses debts incurred prior to marriage, and the treatment of debts incurred during the course of the marriage. An option for credit cards is also presented. Press [Ctrl+F1] for more information.
This section allows the couple to state how title to property acquired after marriage will be held. Provisions allow for wills, transfers between the couple, and commingling assets. Press [Ctrl+F1] for more information.
This required provision allows the couple to take advantage of certain income, gift and estate tax provisions that benefit married couples. Press [Ctrl+F1] for more information.
This optional section contains the names of each party's children which aren't children of the couple. Press [Ctrl+F1] for more information.
This optional section contains information concerning the parties' agreement regarding the support of step-children. Press [Ctrl+F1] for more information.
This optional section permits the parties to outline their intentions regarding property settlement if their marriage is dissolved. A court may or may not follow these intentions. Press [Ctrl+F1] for more information.
This optional provision states that the parties are self-supporting and therefore in the event of a separation or a dissolution, neither party shall seek alimony from the other. Press [Ctrl+F1] for more information.
This optional provision states that a spouse will provide support for the other spouse if he/she becomes disabled.
This optional section provides alternatives regarding the parties intentions regarding inheritance or other marital rights arising at the time of a spouse's death. Press [Ctrl+F1] for more information.
This optional section allows for the revocation of this Agreement by signing and recording a written agreement. Press [Ctrl+F1] for more information.
This required section states that either party will sign any instrument or documents necessary to accomplish the purposes of this Agreement. Press [Ctrl+F1] for more information.
This required section states the parties are competent, have completely disclosed their financial affairs, and have satisfied the general requirements for a Premarital Agreement. Press [Ctrl+F1] for more information.
This required section provides several standard provisions to assist in the enforcement of this Agreement. Press [Ctrl+F1] for more information.
This required section contains the signature blocks of the parties and a notary block to enable the parties to record the Agreement. Press [Ctrl+F1] for more information.
This required section contains the format for a financial disclosure exhibit. Accurate disclosure of financial position is imperative to the enforcement of the Agreement. Press [Ctrl+F1] for more information.
Times New Roman
Premarital Agreement
PREMAR
A Premarital Agreement is an agreement between prospective spouses in contemplation of marriage that explains property rights, sharing of living expenses, support obligations, and other issues.
!!!!!!!
Enter the term to be used throughout the Agreement as a shortened version of the first spouse's name. For example, "Lois", "Harold", "Ms. Jones", or "Jones". Edit the information as desired.
Enter the term to be used throughout the Agreement as a shortened version of the second spouse's name. For example, "Betty", "Hank", "Mr. Smith", or "Smith". Edit the information as desired.
Enter the city where the first spouse resides or edit the information as desired.
Enter the state/province where the first spouse resides.
Enter the name of one of the prospective spouses or edit the information as desired. Use the P.I. Manager to select and paste a record. This spouse will be referred to as the "first spouse" throughout the document. Press [Ctrl+F1] for more information.
Enter the name of the second prospective spouse or use the P.I. Manager to select and paste a record. This spouse will be referred to as the "second spouse" throughout the document.
Enter the state/province in which this document will be SIGNED or edit the information as desired. The program will select the appropriate acknowledgement form based on the state in this field. It is important that the document be notarized in the same state in which it will be used. Press [Ctrl+F1] for more information.
PRE01
! Required Agreement Section (1 of 22)
PREMARITAL AGREEMENT
This Premarital Agreement ("Agreement") is made this ______ day of ________________, 19___ by and between !
("!"), an adult residing in !, !, and !
("!"), an adult residing in !, !, in consideration of the contemplated marriage of the above-named parties. This Agreement shall not be effective until the marriage contemplated by the parties is solemnized.
Enter the name of one of the prospective spouses or edit the information as desired. Use the P.I. Manager to select and paste a record. This spouse will be referred to as the "first spouse" throughout the document. Press [Ctrl+F1] for more information.
Enter the term to be used throughout the Agreement as a shortened version of the first spouse's name. For example, "Lois", "Harold", "Ms. Jones", or "Jones". Edit the information as desired.
Enter the city where the first spouse resides or edit the information as desired.
Enter the state/province where the first spouse resides.
Enter the name of the second prospective spouse or use the P.I. Manager to select and paste a record. This spouse will be referred to as the "second spouse" throughout the document.
Enter the term to be used throughout the Agreement as a shortened version of the second spouse's name. For example, "Betty", "Hank", "Mr. Smith", or "Smith". Edit the information as desired.
Enter the city where the second spouse resides or edit the information as desired.
Enter the state/province where the second spouse resides.
PRE02
! Required Recitals Section (2 of 22)
[This section requests background information regarding the reasons for making this Agreement. Access Document Information for an explanation regarding these recitals.]
RECITALS. This Agreement is made on the basis of the following facts:
1. The parties contemplate marriage to one another in the immediate future.
! Both parties have been previously married.
! ! has been previously married.
! ! has been previously married.
! Neither party has been previously married.
! ! ! has children.
! Both parties have children.
3. The parties desire to define their rights and responsibilities regarding property and financial matters to the extent these can be foreseen.
! 4. !
AGREEMENT
In consideration of the marriage about to be entered into by and between the parties and other valuable consideration as described below, the parties mutually agree to the following:
Enter an X if both parties to this Agreement have been previously married.
Enter an X if the first spouse was previously married.
Enter an X if the second spouse was previously married.
Enter an X if neither spouse has been previously married.
Enter an X if either party has children.
Enter an X if one spouse has children.
The program completes the name of the first spouse. If desired, you may modify the information without affecting earlier data, for example, if the second spouse has children.
Enter an X if both spouses have children.
Enter an X to compose an additional provision relating to the background of the spouses or their reasons for making this Agreement. This should be a summary level statement. Press [Ctrl+F1] for more information.
Use this space to compose an additional provision relating to the background of the spouses or their reasons for making this Agreement.
PRE03
! Optional Separate Property Section (3 of 22)
!. SEPARATE PROPERTY. Except as otherwise provided in this Agreement, the following property owned
! or subsequently acquired
by either party shall remain and be their separate property:
- All property, including real or personal property, the income from such property, and the investments and re-investments of such property.
- All property acquired by either party by gift, devise, bequest or inheritance.
The property currently owned by each party is described in Exhibit A and Exhibit B to this Agreement, which by this reference are incorporated into this Agreement. Such separate property of each party shall be subject entirely to their own individual use, control, benefit and disposition. Neither of the parties shall before or after the contemplated marriage acquire for themselves individually, assigns or creditors, any interest in the separate property of the other party nor any right to the use, control, benefit or disposition of such property.
a. Waiver. Additionally, both parties waive, release and relinquish any ownership or right in the separate property of the other and to use, control, benefit or dispose of the other's separate property.
b. Disposal of Property. Furthermore, it is agreed that each party shall have the right at all times to dispose of any or all of their separate property by deed, bill of sale, gift, trust, will, mortgage, encumbrance, pledge, lien, or charge without limitation in any manner whatsoever upon their own individual signature or act without the necessity of any joinder, action, or consent by the other party.
c. Community Property. If the parties reside or become residents of a state, territory or foreign country, and under the laws of such jurisdiction the property and interests of the couple are treated differently than as contemplated by this Agreement (such as a community property state) the property interests of the parties shall remain as stated in this Agreement.
d. Cooperation Regarding Documents. There may be times when a party (dealing with his or her own separate property) desires to have the other party sign a document for the apparent purpose of relinquishing of record any apparent right of the party arising by reason of their marital relationship. Upon request, the other party shall so sign any documents solely for the above purpose. The signing of such documents shall not impose any personal liability upon the party signing such documents.
Enter an X to include a section which states that any property owned prior to the marriage will be treated as the separate property of each party. Another option allows property that is separately acquired after the marriage to be treated as separate property as well. Press [Ctrl+F1] for more information.
Enter an X if in addition to property owned prior to marriage, the parties also intend to treat property subsequently acquired by either party as the separate property of that party. Press [Ctrl+F1] for more information.
PRE04
! Optional Residence Section (4 of 22)
!. RESIDENCE. It is the intention of the parties that the residence
! presently owned by !
! and !
! leased in the name of !
! and !
located at !, !, !, !,
! shall remain the sole property of !
! and !.
! shall not be affected by this Agreement.
! shall
The parties plan to maintain such property as their principal residence.
! The expenses associated with the maintenance of the residence shall be paid as follows:
! !.
! Mortgage
! Rental
payments shall be made by
! both parties.
! !. Payment of all real estate taxes shall be made by
! both parties.
! !. Insurance premiums shall be for such residence shall be paid by
! both parties.
! !.
Enter an X to include a section which states where the couple will live, and how the expenses associated with the maintenance of the residence shall be paid. Press [Ctrl+F1] for more information.
Enter an X if the property owned by one of the spouses shall be the couple's residence.
The program completes the name of the first spouse. If desired, you may modify the information without affecting earlier data. For example, if the second spouse or another individual owns the property.
Enter an X if the other spouse or another individual also owns the residence.
The program completes the name of the second spouse. If desired, you may modify the information without affecting earlier data. For example, if another individual owns the property.
Enter an X if the couple's residence is currently leased in the name of one of the spouses.
The program completes the name of the first spouse. If desired, you may modify the information without affecting earlier data. For example, if the second spouse leases the residence.
Enter an X if the other spouse or another individual also leases the residence.
The program completes the name of the second spouse. If desired, you may modify the information without affecting earlier data. For example, if another individual leases the residence.
Enter the street address of the residence or edit the information as desired.
Enter the extended street address of the residence or edit the information as desired.
Enter the city where the residence is located or edit the information as desired.
Enter the state/province of the residence or edit the information as desired.
Enter an X if the residence shall remain the separate property of the current owner.
Enter an X if the property is also owned by a second owner.
Enter an X if the residence lease will not be affected by this Agreement.
Enter an X to compose a phrase completing the sentence regarding the ownership or lease of the residence subsequent to the marriage.
Use this space to complete the sentence regarding the ownership or lease of the residence subsequent to the marriage. You can provide your own provision in lieu of the previously presented options.
Enter an X to specify who will be responsible for the various expenses associated with the maintenance of the residence, such as mortgage or rental payments, real estate taxes, and insurance.
Enter an X to specify who will be responsible for mortgage or rental payments.
Enter an X if mortgage payments will be made.
Enter an X if rental payments will be made.
Enter an X if one party will be responsible for the mortgage or rental payments.
The program completes the name of the first spouse. If desired, you may modify the information without affecting earlier data. For example, if another party will make the payments.
Enter an X if both parties will be responsible for the mortgage or rental payments.
Enter an X to specify responsibility for the payment of real estate taxes.
Enter an X if one party will be responsible for the payment of real estate taxes.
The program completes the name of the first spouse. If desired, you may modify the information without affecting earlier data. For example, if another party will pay the real estate taxes.
Enter an X if both parties will be responsible for the payment of real estate taxes.
Enter an X to specify responsibility for the payment of insurance premiums on the residence owned or leased by the parties.
Enter an X if one party will be responsible for the payment of insurance premiums.
The program completes the name of the first spouse. If desired, you may modify the information without affecting earlier data. For example, if another party will pay the insurance premiums.
Enter an X if both parties will be responsible for the payment of insurance premiums.
Enter an X to compose a provision regarding responsibility for the various expenses associated with the maintenance of the residence. This alternative allows you to draft a unique provision regarding expenses in lieu of the previously presented alternatives.
Use this space to compose a provision regarding responsibility for the various expenses associated with the maintenance of the residence.
PRE05
! Optional Earnings Section (5 of 22)
!. EARNINGS DURING MARRIAGE.
! Each party agrees that all the earnings and accumulations resulting from the other spouse's personal services, skill, efforts and work, together with all property acquired or income derived therefrom, shall be the separate property of the party to whom the earnings and income are attributable, subject to other provisions of this Agreement. Each of the parties understands that except for this Agreement, the earnings and accumulations from the personal services, skill, effort and work of the other throughout the marriage would be joint property, and that by this Agreement such earnings and income during the marriage are made the separate property of the person to whom the earnings and accumulations are attributable.
! It is the expectation of the parties that the earnings and accumulations described in this Agreement may be used for joint and household expenses or other purposes. Such use shall not be construed to imply joint ownership of the earnings or accumulations.
Enter an X to include a provision regarding the treatment of the parties' earnings. If the parties desire to treat earnings as joint property, a specific provision is not required since the law will assume such treatment. Press [Ctrl+F1] for more information.
Enter an X if the parties desire to treat their earnings as the separate property of the party who earned or accumulated the funds from his or her services, skills, efforts, and work. If this provision is not selected, the law will treat earnings as jointly owned by the parties.
Enter an X if the earnings of the parties, which are to be treated as the separate property of each, may be used for joint expenses without affecting the separate ownership of the property. For example, using separate earnings for joint household expenses.
Enter an X to compose a provision stating the parties' intentions relative to the treatment of income earned during the course of the marriage. Although the law assumes joint treatment of earnings, joint or separate treatment of earnings may be specified.
Use this space to compose a provision stating the treatment of the parties' income earned during the course of the marriage.
)PRE06
! Optional Living Expenses Section (6 of 22)
!. LIVING EXPENSES.
! It is the expectation of the parties that their personal earnings, and the income from the assets and investments of either or both parties, shall be used for joint and household expenses or other purposes. However, such use shall not be construed to imply joint ownership of any assets owned by one party or the other.
! Each party agrees to contribute
! !% of !
! $! per !
into a joint checking account out of which common living expenses shall be paid.
Common living expenses are:
! car insurance
! renters insurance
! property and liability insurance
! medical insurance
! utilities
! phone service
! cable television
! food
! entertainment
! medical expenses
and shall be paid from the joint checking account.
! Nothing in this Agreement shall limit the obligation of either party to contribute such amounts as are reasonable and necessary from time to time.
! At any time that the balance of this account shall exceed $! or is greater than the amount necessary to pay these common expenses, then such excess shall be transferred to a joint savings account. Such savings account shall be used for whatever purposes agreed upon by the parties. Items purchased through this account shall be jointly owned property.
! From their respective separate accounts, the parties shall pay for their own:
! clothing
! objects of personal adornment
! automobile payments
! fitness club payments
! automobile maintenance and operating expenses
! student loan payments
! credit card bills
and such other personal items as each party desires for himself or herself.
Enter an X to include a provision regarding how the couple will handle living expenses. Options include joint accounts and the items to be paid from separate accounts. Press [Ctrl+F1] for more information.
Enter an X if the parties expect to use both their earnings and investments for joint and household expenses. However, such use does not imply joint ownership of any assets owned by one party or the other.
Enter an X to include a provision describing a joint checking account from which common living expenses will be paid. The provision identifies which costs will be considered common living expenses.
Enter an X if a certain percentage of income or other funding source will be deposited to the joint checking account.
Enter the percentage of the funding source to be paid into the joint checking account. For example, "25" percent.
Enter the name of the funding source. For example, "monthly salary", "weekly earnings", or "investment income".
Enter an X if a specific dollar amount is to be deposited into the joint checking account.
Enter the dollar amount to be deposited into the joint checking account.
Enter the time period in which deposits will be made (for example, "week" or "month").
Enter an X to compose a brief paragraph describing the amount that each spouse will deposit into the joint checking account.
Complete the sentence with a description of the amount that each party will deposit in the joint checking account. For example, Each party agrees to contribute "a percentage of his or her paycheck. Tim shall contribute 40 percent of his paycheck and Linda shall contribute 60 percent of her paycheck."
Enter an X to include CAR INSURANCE as a common living expense to be paid from the joint checking account.
Enter an X to include RENTERS INSURANCE as a common living expense to be paid from the joint checking account.
Enter an X to include PROPERTY AND LIABILITY INSURANCE as a common living expense to be paid from the joint checking account.
Enter an X to include MEDICAL INSURANCE as a common living expense to be paid from the joint checking account.
Enter an X to include UTILITIES as a common living expense to be paid from the joint checking account.
Enter an X to include PHONE SERVICES as a common living expense to be paid from the joint checking account.
Enter an X to include CABLE TELEVISION as a common living expense to be paid from the joint checking account.
Enter an X to include FOOD as a common living expense to be paid from the joint checking account.
Enter an X to include ENTERTAINMENT as a common living expense to be paid from the joint checking account.
Enter an X to include MEDICAL EXPENSES as a common living expense to be paid from the joint checking account.
Enter an X to include an additional item as a common living expense to be paid from the joint checking account.
Enter the name of the additional common living expense to be paid from the joint checking account.
Enter an X if the parties desire that this Agreement will not limit a party's obligation to make contributions to pay for any reasonable or necessary common living expenses. For example, to pay for emergency repairs or other expenses that come up after each party has already contributed the specified amount.
Enter an X to provide for the transfer of funds from the joint checking account to a joint savings account if the checking balance exceeds a certain amount.
Enter the maximum dollar amount to remain in the checking account. Any amount exceeding this amount shall be transferred to a joint savings account. Any items purchased from the joint savings account will be considered property owned jointly by the parties.
Enter an X if the parties shall maintain separate accounts from which certain personal expenses shall be paid.
Enter an X to include CLOTHING as an expense to be paid from each party's separate accounts.
Enter an X to include OBJECTS OF PERSONAL ADORNMENT (jewelry, for example) as an expense to be paid from each party's separate accounts.
Enter an X to include AUTOMOBILE PAYMENTS as an expense to be paid from each party's separate accounts.
Enter an X to include FITNESS CLUB PAYMENTS as an expense to be paid from each party's separate accounts.
Enter an X to include AUTOMOBILE MAINTENANCE AND OPERATING EXPENSES as an expense to be paid from each party's separate accounts.
Enter an X to include STUDENT LOAN PAYMENTS as an expense to be paid from each party's separate accounts.
Enter an X to include CREDIT CARD BILLS as an expense to be paid from each party's separate accounts.
Enter an X to include an additional item as an expense to be paid from each party's separate accounts.
Enter the name of an additional item as an expense to be paid from each party's separate accounts.
Enter the name of a second additional item as an expense to be paid from each party's separate accounts.
Enter the name of a third additional item as an expense to be paid from each party's separate accounts.
Enter an X to compose a provision regarding how the couple's living expenses will be handled.
Use this space to compose a provision regarding how the couple's living expenses will be handled.
PRE07
! Optional Debts Section (7 of 22)
!. DEBTS.
! Each party agrees to be separately liable for his or her debts incurred prior to the marriage.
! Each party acknowledges that he/she has no current debts for which the other party might become liable.
! During the course of the marriage
! both parties shall be responsible for any expenses incurred for the basic necessities of life, such as food, basic clothing needs, shelter, and medical care.
! it is expected that each party will be responsible for his or her respective personal expenses
! , including medical expenses.
! The parties desire to establish their respective obligations relative to credit card accounts.
! Each party shall retain separate credit card accounts for his or her respective use, if desired.
! The parties agree to maintain joint credit card accounts for the use of both parties. Payments on these joint credit cards shall be made from the separate accounts of the parties, in proportion to what they have charged.
! Purchases for joint expenses shall be paid from joint accounts.
Enter an X to include a section addressing debts incurred prior to marriage, and the treatment of debts incurred during the course of the marriage. An option for credit cards is also presented. Press [Ctrl+F1] for more information.
Enter an X if the parties agree to remain liable for their respective debts incurred prior to the marriage.
Enter an X if the parties have no debts, or if any debt of the party is in his/her individual name. In order for an individual debt not to be the responsibility of the other spouse, such debt must be incurred prior to the marriage, and not for the mutual benefit of the parties.
Enter an X to include a provision regarding the handling of living expenses incurred during the course of the marriage. If not specified, the law generally holds a person responsible for the necessities of life for his/her spouse. Press [Ctrl+F1] for more information.
Enter an X if both parties shall be responsible for debts for the basic necessities of life, such as food, shelter, and medical care.
Enter an X if each party will be responsible for his or her own personal expenses for necessities, such as food and shelter. If not specifically stated otherwise, the law generally holds a person responsible for the necessities of life for his or her spouse.
Enter an X if each party will also be responsible for his or her own medical expenses.
Enter an X to include a provision regarding the parties' credit card accounts.
Enter an X if each party will retain and be responsible for payment of his or her own credit card accounts.
Enter an X if each party will retain and be responsible for payment of joint credit card accounts. Each party will pay for their respective purchases on any joint credit card accounts.
Enter an X if the charges incurred for joint expenses will be paid from a joint checking, savings, or other joint account.
Enter an X to compose an additional paragraph regarding the responsibility and payment of debts incurred prior to or during the course of marriage.
Use this space to include additional information regarding the payment and responsibility for debts incurred prior to or during the course of marriage.
PRE08
! Optional Joint Property Section (8 of 22)
!. JOINT PROPERTY.
! The parties agree and understand that nothing in this Agreement shall preclude them from acquiring property interests during the course of their marriage as joint tenants with right of survivorship or as tenants in common with undivided interests. Additionally, nothing in this Agreement shall preclude them from making binding transfers of real or personal property to the other at any time during the marriage.
! The parties agree that all property acquired by either or both of them after marriage, whether real or personal, shall be owned
! by the parties as tenants in common, including all rents, issues, profits, and proceeds of the property, with each owning a one-half undivided interest.
! by the parties as joint tenants with full rights of survivorship, and not as tenants in common, with the survivor having full rights of ownership.
! Nothing in this Agreement shall preclude either party from making provisions for the other party under the terms of a Last Will and Testament signed after their marriage in which one party may provide for the distribution of property interest to the other in excess of those provisions, if any, provided in this Agreement.
! Furthermore, nothing in this Agreement shall preclude the parties from voluntarily electing to commingle a part or all of the income of their respective property interest for investment purposes or for the purpose of jointly providing for their mutual support and living expenses, or for other reasons.
Enter an X to include a provision regarding how title will be held to property acquired by either or both parties after the marriage. Provisions allow for wills, transfers between the couple, and commingling assets. Press [Ctrl+F1] for more information.
Enter an X if the parties agree that the method of taking title will be determined at the time of the transfer, and that nothing in this Agreement shall prevent the parties from choosing any method of ownership. For example, joint tenancy or tenancy in common.
Enter an X if the parties desire to specify the method of taking title to property acquired during the course of the marriage. For example, as tenants in common or as joint tenants with rights of survivorship.
Enter an X if the parties desire to take title to property acquired during the course of the marriage as tenants in common. Each party would own an undivided one-half interest, and upon a spouse's death such share which would pass to that person's heirs.
Enter an X if the parties desire to take title to property acquired during the course of the marriage as joint tenants with full rights of survivorship. Upon a spouse's death, his/her share would pass to the surviving spouse.
Enter an X to state that either or both parties may make a will after their marriage which provides for distributions other than those that are specified in this Agreement. This gives the parties the flexibility to provide for alternate distributions without having to revoke this Agreement.
Enter an X to permit the parties to commingle income from their respective property interests for investment purposes, joint living expenses, or any other reason. For example, to jointly deposit funds in a Certificate of Deposit. Any commingled property will be treated as joint property of the couple.
Enter an X to compose a provision regarding the couple's joint ownership of property. For example, provisions may also pertain to joint ownership of property with persons other than the prospective husband or wife.
Use this space to compose a provision regarding the couple's joint ownership of property.
PRE09
! Tax Section (9 of 22)
[This provision allows the couple to take advantage of certain income, gift and estate tax provisions that benefit married couples. Access Document Information for an explanation of this topic.]
!. TAXES. Nothing in this Agreement shall be construed as waiving (i) any right of the parties to report their income for federal or state income tax purposes in the same manner as permissible for any other husband and wife, (ii) any rights provided for husbands and wives under the federal gift tax laws with reference to gifts, or (iii) any rights under the federal estate tax laws with reference to any transfer to which such laws may apply.
PRE10
! Optional Names of Children Section (10 of 22)
!. NAMES OF CHILDREN.
! ! has the following children:
Name of Child: !
Custodial Parent: !
Address: !,
Date of Birth: !
! Name of Child: !
Custodial Parent: !
Address: !,
Date of Birth: !
! Name of Child: !
Custodial Parent: !
Address: !,
Date of Birth: !
! ! has the following children:
Name of Child: !
Custodial Parent: !
Address: !,
Date of Birth: !
! Name of Child: !
Custodial Parent: !
Address: !,
Date of Birth: !
! Name of Child: !
Custodial Parent: !
Address: !,
Date of Birth: !
! The following child(ren) of ! are deceased:
Enter an X to include a section containing the names of each party's children which are not children of the couple. Press [Ctrl+F1] for more information.
Enter an X if the first spouse has children which are not children of the couple.
The program completes the name of the first spouse. You may not overwrite this field.
Enter the full name of the child or use the P.I. Manager to select and paste a record.
Enter the name of the custodial parent or use the P.I. Manager to select and paste a record.
Enter the city in which the child resides.
Enter the state/province in which the child resides.
Using the format MM/DD/YYYY, enter the child's date of birth.
Enter an X to include information regarding another child.
Enter an X if the second spouse has children which are not children of the couple.
The program completes the name of the second spouse. You may not overwrite this field.
Enter an X if either spouse has children that are deceased.
The program completes the name of the first spouse. If only the second spouse has deceased children, enter the second spouse's name in this field. If both spouses have deceased children, the names of the second spouse's deceased children may be included when naming those of the first spouse.
Enter the names of the deceased children of the first spouse. If the second spouse also has deceased children, a sentence may be added in this paragraph naming the deceased children of the second spouse.
Enter an X to include any other information regarding the spouses' respective children which are not children of the couple.
Use this space to enter any other information regarding the spouses' respective children which are not children of the couple.
PRE11
! Optional Support of Children Section (11 of 22)
!. SUPPORT OF CHILDREN FROM PREVIOUS MARRIAGE.
! !, as long as married to !, shall provide a home and reasonable support for the care, maintenance, and education of
!, child(ren) of !, without establishing any legal requirement to do so upon separation or dissolution of the marriage.
! Such support shall be provided until the child(ren) attain(s) the age of ! years.
! We shall provide a home and reasonable support for the care, maintenance, and education of our children,
!, without establishing any legal requirement to do so upon separation or dissolution of the marriage.
! Such support shall be provided until the children attain the age of ! years.
! Neither party is or shall be liable for the necessary expenses associated with the health, education, maintenance or support of the other party's child(ren).
Enter an X to include a section regarding the support of step-children. Press [Ctrl+F1] for more information.
Enter an X to include a provision that one spouse will support his or her step-children as long as the couple is married. This provision is not intended to establish any legal requirement to provide such support upon separation or divorce.
The program completes the name of the first spouse as the one who will support his or her step-children. If the second spouse will be the one providing support, enter the second spouse's name here.
The program completes the name of the second spouse as the one whose children will be supported by the other spouse. If the first spouse's children will be supported by the second spouse, enter the first spouse's name here.
Enter the names of the step-children that will be supported as long as the couple is married.
Enter an X to terminate the support of the step-children upon their attainment of a certain age.
Enter the age at which the working spouse no longer intends to support the step-children named earlier.
Enter an X if the couple agrees to provide for the support of children of either spouse, which are not children of both spouses.
Enter the names of children which the couple will support as long as the couple is married. Such agreement is not intended to establish any legal requirement to provide such support upon separation or divorce.
Enter an X to terminate the support of the children upon their attainment of a certain age.
Enter the age at which the couple no longer intends to support the children named earlier.
Enter an X to include a provision that neither spouse shall be responsible for the support of the children of the other spouse.
Enter an X to include any other information regarding the support of children which are not children of the couple.
Use this space to enter any other information regarding the support of children which are not children of the couple.
PRE12
! Optional Divorce Section (12 of 22)
[IN THE EVENT OF DIVORCE, THE COURT WITH JURISDICTION OVER THE PARTIES WILL DETERMINE WHETHER OR NOT THE PROVISIONS OF THIS AGREEMENT WILL IN FACT BE UPHELD BY THE COURT.]
!. DISSOLUTION OF MARRIAGE. Both parties to this Agreement understand that the Uniform Premarital Agreement Act and court decisions provide for consideration by the Court of a premarital agreement if a marriage is dissolved. The parties to this Agreement understand that some courts have disregarded provisions in a premarital agreement that provide for disposition of property in the event of a dissolution. Without, in any way, anticipating a dissolution or planning for a dissolution, but recognizing the realities of the world, it is the express intention of ! and ! that this provision shall remain in full force and effect in the event of a dissolution:
! !. Each party shall have an equal interest in the property acquired by the parties during the course of the marriage (and which is not merely the result of increase in value of any of the property owned by the parties prior to the marriage, as listed on the attached schedules of property.)
! !. ! shall have a proportionate interest in the increase in value during the marriage of the homestead real estate, proportionate to the percentage contribution of the household expenses, if any, and child care/household duties performed by ! during the course of the marriage.
! !. All savings, investments, retirement accounts, and property listed on the attached schedules as property owned by a party prior to the marriage shall remain the property of the person who brought such property into the marriage. Any appreciation, income or other increase to such property shall remain the property of the person who brought such property into the marriage.
! !. Any joint accounts shall be divided equally.
! !. Any income tax liability, refund or benefit in the year of the separation and/or dissolution of marriage shall be distributed based upon the pro rata income of both parties.
! !. Each party shall have joint custody of any children born to the marriage. Such joint custody entitles each party to have equal visitation time, or time which is fair and equitable.
[THIS PROGRAM PERMITS YOU TO COMPOSE YOUR OWN PROVISIONS. HOWEVER, IN THE EVENT OF DIVORCE, THE COURT WITH JURISDICTION OVER THE PARTIES WILL DETERMINE WHETHER OR NOT THE PROVISIONS OF THIS AGREEMENT WILL IN FACT BE UPHELD BY THE COURT. TO ENSURE COMPLIANCE WITH LOCAL LAW, YOU SHOULD CONSULT AN ATTORNEY REGARDING THE ENFORCEABILITY OF THESE PROVISIONS.]
! !.
Enter an X to include a section outlining the parties' intentions regarding property settlement if their marriage is dissolved (the couple divorces). A court may or may not follow these intentions. Press [Ctrl+F1] for more information.
Enter an X if the parties intend that each spouse shall have an equal interest in any jointly acquired property. In other words, property acquired during the marriage with joint funds, held in a joint account, or held in joint title, will be split 50/50.
Enter an X if one spouse owns the homestead and the the non-owner spouse shall have an interest in the homestead's increase in value during the marriage. This interest shall be proportionate to the non-owner's contribution to joint expenses and/or childcare and household duties.
The program completes the name of the first spouse as the non-owner (the spouse who will have a proportionate interest in the homestead's increase in value). If the second spouse will be the non-owner, enter the second spouse's name in this field.
Enter an X to include a provision stating that all property owned by a party prior to the marriage shall remain the property of that person after the marriage is dissolved. This type of provision is easier to enforce if such property has not been commingled with property of the other spouse.
Enter an X to include a provision that all joint accounts shall be equally split between the parties.
Enter an X to include a provision that any income tax liability or refund shall be divided between the parties in proportion to the income earned by each party.
Enter an X to include a provision that the parties shall have joint custody of the couple's children. One parent may be awarded "physical custody" of the children, yet both parties retain joint responsibilities with respect to issues related to the upbringing of the children.
Enter an X to compose a provision relating to dissolution. Courts vary greatly in their interpretation of agreements regarding property settlement or support upon dissolution. Consult an attorney regarding the potential enforceability of such provisions.
Use this space to compose a provision relating to dissolution.
PRE13
! Optional Support Section (13 of 22)
!. SUPPORT. Each of the parties has income from property interest sufficient to provide for his or her respective support.
! Each has been self-supporting for a period of time prior to the contemplated marriage.
Both parties feel that they are capable of future self-support and of maintaining themselves on a self-supporting basis. Therefore, in the event of a marital separation or dissolution of marriage, it is agreed and understood that neither party shall seek or obtain any form of alimony or support from the other, or seek any relief other than a distribution of their joint property interests or those property interests acquired during the course of their marriage, in any manner other than as provided by this Agreement.
Enter an X to include a provision which states that the parties are self-supporting. In the event of a separation or dissolution of the marriage, neither party intends to seek alimony or support from the other party. Press [Ctrl+F1] for more information.
Enter an X to state that each party was self-supporting prior to the marriage. If this is true, the statement is further support for the enforceability of the provision.
PRE14
! Optional Disability Section (14 of 22)
!. DISABILITY. Upon the disability of either party, the other shall assume complete responsibility to the extent of all their earnings and assets for the care of the disabled party.
Enter an X to include a provision which states that a spouse will provide support for the other spouse if he or she becomes disabled. Press [Ctrl+F1] for more information.
PRE15
! Optional Death Section (15 of 22)
!. DEATH.
[THE PARTIES MAY STATE THEIR INTENTION TO WAIVE ANY RIGHT TO INHERIT FROM THE OTHER. HOWEVER, UPON DEATH THE COURT WITH JURISDICTION OVER THE DECEDENT WILL DETERMINE WHETHER OR NOT THE PROVISIONS OF THIS AGREEMENT WILL IN FACT BE UPHELD BY THE COURT. TO ENSURE COMPLIANCE WITH LOCAL LAW, YOU SHOULD CONSULT AN ATTORNEY REGARDING THE ENFORCEABILITY OF THE FOLLOWING PROVISION].
! Nothing in this Agreement shall be construed so as to waive the right of either party to inherit from the other or to forego any right of election in the estate of the other or the right to act as administrator or executor in the other's estate.
! Each party agrees that if he or she survives the death of the other, such party will make no claim to any part of the real or personal estate or property of the other. In consideration of such promise and in consideration of the contemplated marriage, each party knowingly, intentionally, and voluntarily waives and relinquishes any right of dower, curtesy, homestead, inheritance, descent, distributive share or other statutory or legal right, now or subsequently created, to share in the distribution of the estate of the other party as surviving spouse.
! The parties agree that it is their intention that neither one shall have or acquire any right, title or claim in and to the real or personal estate or property of the other by virtue of such marriage. The estate of each in the property now owned by either of them, or acquired after the date of marriage by either of them, shall descend to or vest in his or her heirs at law, legatees or devisees, as may be prescribed by his or her Last Will and Testament or by the law of the State where the decedent lives at the time of death, as though no marriage had taken place between them.
! However, the personal property and effects
! and personal residence
of the parties shall pass to the survivor, with the following exceptions:
! The parties understand and agree that nothing in this Agreement shall prevent them from naming either party as a beneficiary in his or her Last Will and Testament, which transfer, bequest, or devise shall take precedence over any other provision of this Agreement.
! It is the intention of each party to name and designate the other party as the beneficiary for all or for a portion of the proceeds payable in the event of death under
! life insurance policies,
! employee benefit plans,
! IRA account(s),
which the party currently owns, or which shall be obtained in the future.
Enter an X to include a section regarding distribution of property upon the death of a spouse. Options include the parties' intentions regarding inheritance or other marital rights arising at the time of the spouse's death. Press [Ctrl+F1] for more information.
Enter an X to include a provision which states that nothing in this Agreement will prevent either party from inheriting from the other, benefitting from any marital rights arising upon the death of his/her spouse, or acting as the administrator/executor of the other's estate.
Enter an X to include a provision which states that neither party will make a claim on the estate of the other. Each party also relinquishes all marital rights which a party may have upon the death of his/her spouse.
Enter an X to state that each spouse agrees not to make a claim on the other's estate. The deceased spouse's estate will be distributed to his/her heirs as though no marriage existed. For example, the estate will pass to the deceased spouse's children instead of the surviving spouse.
Enter an X to provide that although the parties agree not to make a claim against the other's estate, certain personal property shall pass to the surviving spouse.
Enter an X to include the parties' personal residence among the items that will pass to the surviving spouse.
Enter any items of personal property that should NOT pass to the surviving spouse. For example, family heirlooms that should go to children. If there are no such items, enter "NONE".
Enter an X to include a provision that allows the parties to make a will after the date of marriage which provides for transfers other than as described above. This provides flexibility to provide for alternate distributions without having to revoke this Agreement.
Enter an X to include a provision describing the parties' intention to name and designate one another as beneficiaries for all or a portion of the death benefits payable under life insurance policies, employee benefit plans, IRAs, or other accounts.
Enter an X if the parties intend to designate one another as beneficiaries of all or a portion of the benefits payable under LIFE INSURANCE POLICIES.
Enter an X if the parties intend to designate one another as beneficiaries of all or a portion of the benefits payable under EMPLOYEE BENEFIT PLANS.
Enter an X if the parties intend to designate one another as beneficiaries of all or a portion of the benefits payable under IRA ACCOUNTS.
Enter an X to compose a provision regarding the beneficiaries of a benefit plan not already listed.
Use this space to compose a provision regarding the beneficiaries of some other benefit plan.
PRE16
! Optional Revocation Section (16 of 22)
!. REVOCATION. If the parties decide to revoke this Agreement, they shall do so in a written agreement, signed by both parties in the presence of a notary public or other official authorized to take oaths. Such revocation shall be ineffective until recorded with the recorder in the county where the parties maintain their primary residence or both counties if the parties are maintaining separate residences in separate counties.
Enter an X to include a provision which allows for the revocation of this Agreement by signing and recording a written agreement. Press [Ctrl+F1] for more information.
PRE17
! Instruments Section (17 of 22)
[Access Document Information for an explanation of this topic.]
!. ADDITIONAL INSTRUMENTS. Without any additional consideration, each party shall promptly, at the request of the other, execute, acknowledge and deliver from time to time whatever additional instruments may be required in order to accomplish the intent of this Agreement.
PRE18
! Disclosure Section (18 of 22)
[This section states that the parties are competent and have made a complete disclosure of their financial affairs. Access Document Information for an explanation of the disclosure requirements.]
!. FULL DISCLOSURE. Each of the parties (i) is of lawful age, (ii) is competent to contract, (iii) is free to enter into the marriage contemplated, (iv) has full knowledge of the other party's property, debts and income, and (v) voluntarily enters into this Agreement. Additionally, each party has full knowledge of the terms and provisions of this Agreement. Specifically, the parties acknowledge and agree that they have disclosed to the other party (prior to the signing of this Agreement), the extent and probable value of their respective individual property interest as of the date of this Agreement. Prior to signing this Agreement, each party has delivered schedules to the other party that reflect their respective investment property interests, including the approximate value of such property interests, which were signed by the respective owner and initialed by the other party. The parties specifically acknowledge receipt of the above schedules, which are understood and agreed by the parties to represent a full and complete listing of their respective property interest as of the date of this Agreement.
PRE19
! Miscellaneous Section (19 of 22)
[This section contains standard provisions to assist in the enforcement of this agreement. Access Document Information for an explanation of this topic.]
!. MISCELLANEOUS PROVISIONS.
a. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, administrators, personal representatives, successors and assigns.
b. This Agreement sets forth the entire Agreement between the parties with regard to the subject matter of this Agreement. All prior and contemporaneous conversations, negotiations, possible and alleged agreements and representations with respect to the subject matter of this Agreement are waived, and merged into this Agreement.
c. If any of the provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision for this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
PRE20
! Signature Section (20 of 22)
Signed on this _____ day of ___________________________, 19___, at !, !
The program transfers the name of the city from a previous section. If the document will be signed in another city, you may modify the information. The program will then select the appropriate acknowledgement form for that city/state.
Enter the state/province in which this document will be SIGNED or edit the information as desired. The program will select the appropriate acknowledgement form based on the state in this field. It is important that the document be notarized in the same state in which it will be used. Press [Ctrl+F1] for more information.
Enter an X to include the country in which the document will be signed, if outside the United States.
Enter the country or edit the information as desired.
North Dakota
South Carolina
California
Florida
Hawaii
Louisiana
Massachusetts
Missouri
New York
Rhode Island
South Dakota
Tennessee
Vermont
Washington
Alabama
Arkansas
Connecticut
Georgia
Idaho
Maryland
Mississippi
New Jersey
North Carolina
Pennsylvania
PRE21
! Continuation of Signature Section - North Dakota (Section 20 of 22)
On this the _____ day of _______________, 19___, before me, ____________________________________________________, the undersigned officer, personally appeared !, !, ____________________________________________________, and ____________________________________________________, known to me (or proved to me on the oath of __________________________________________________) to be the persons who are described in and who executed the within and foregoing instrument, and acknowledged to me that they executed the same.
Before me, a Notary Public (or justice of the peace) in and for said county, personally appeared the above named !, !, ____________________________________________________, and ____________________________________________________, who acknowledged that they did sign the foregoing instrument, and that the same is their free act and deed. In testimony whereof, I have hereunto subscribed my name at ________________________, this _____ day of ________________, 19___.
The foregoing instrument was acknowledged before me this _____ day of _______________, 19___, by !, !, ____________________________________________________, and ____________________________________________________.
The notary's address is required if the Agreement will be signed in Idaho, Montana, Oklahoma, Pennsylvania, or Washington.
Montana
Oklahoma
PRE25
! Continuation of Signature Section - California (Section 20 of 22)
State of California )
) ss:
County of _________________________ )
On __________________ before me, ____________________________________, personally appeared ! and !,
[ ] personally known to me
- OR -
[ ] proved to me on the basis of satisfactory evidence
to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument.
! Continuation of Signature Section - Florida (Section 20 of 22)
STATE OF FLORIDA )
) ss:
COUNTY OF _________________________ )
The foregoing instrument was acknowledged before me this _____ day of ________________, 19____ by ! and !, who are personally known to me or who have produced ______________________________________ as identification.
! Continuation of Signature Section - ! (Section 21 of 23)
[This acknowledgement form is to be used in the following states:
HI, IA, LA, MA, MO, NY, RI, SD, TN, VT, WA]
State/Commonwealth of ! )
) ss:
County/Parish of ___________________________ )
On this the ______ day of _______________, 19____, before me, ____________________________________, personally appeared ! and !, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed same as their free act and deed.
The notary's address is required if the Agreement will be signed in Idaho, Montana, Oklahoma, Pennsylvania, or Washington.
Washington
PRE28
! Continuation of Signature Section - ! (Section 20 of 22)
[This acknowledgement form is to be used in the following states:
AL, AR, CT, GA, ID, MD, MS, NJ, NC, PA]
State of ! )
) ss:
County of ________________________ )
On this the ______ day of _______________, 19____, before me, ____________________________________, personally appeared ! and !, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same as for the purposes therein contained.
In witness whereof I hereunto set my hand and official seal.
(.txt)