PREMARITAL PRENUPTIAL AGREEMENT
WHEREAS, the following Premarital/Prenuptial Agreement is made on ${input_39_3} , by and between ${input_39_5} , (herein referred to as the 'Prospective Spouse One'), residing at ${input_39_7_1} , ${input_39_7_3} , ${input_39_7_4} ${input_39_7_5} , and ${input_39_10} , (herein referred to as the 'Prospective Spouse Two'), residing at ${input_39_11_1} , ${input_39_11_3} ${input_39_11_4} ${input_39_11_5} , in consideration of the contemplated marriage of the aforementioned parties. This Agreement will not become effective until such time as the marriage is formalized.
RECITALS
The agreement herein contained is based upon the following facts pertaining to each party:
a. The Prospective Spouse One and the Prospective Spouse Two, in consideration of their future marriage, wishes to herein establish their respective rights and responsibilities regarding each party's income, property and assets, along with any income or property that may be acquired in the future, either separately or jointly, during the course of the marriage.
b. Prospective Spouse One acknowledges that he has been fully advised, to [his/her] satisfaction, of [his/her] legal rights and obligations by independent legal counsel and Prospective Spouse Two acknowledges that [he/she] has been fully advised, to her satisfaction, of [his/her] legal rights and obligations by independent legal counsel. Each acknowledges that they have fully considered their respective pecuniary condition and situation, their mutual rights and obligations and the effect and consequences of all provisions of this Agreement.
c. Prospective Spouse Two acknowledges that in connection with [his/her] entering into this agreement, Prospective Spouse One has fully disclosed [his/her] assets, current earnings, expectancies and obligations, and that Prospective Spouse Two acknowledges that this Agreement is fair and reasonable based upon the facts and circumstances in existence at the time of the execution of this Agreement.
d. Prospective Spouse One acknowledges that in connection with [his/her] entering into this agreement, Prospective Spouse Two has fully disclosed [his/her] assets, current earnings, expectancies and obligations, and that Prospective Spouse One acknowledges that this Agreement is fair and reasonable based upon the facts and circumstances in existence at the time of the execution of this Agreement.
Therefore,in consideration of the anticipated marriage,the mutual covenants and conditions herein contained, this Prenuptial Agreement is LEAGALLY BINDING AND AGREED as follows:
AGREEMENTS
COOPERATION REGARDING DOCUMENTS
Except as expressly agreed to herein, each of the parties covenants and agrees (a) to execute and deliver any and all instrument or documents which, in the judgment of their respective heirs, executors, administrators or assigns, may be necessary to accomplish and effect a release and waiver of all rights, claims and interests, hereinbefore referred to, and (b) to join in any mortgage, sale or conveyance of any real or personal property now or hereafter owned by the other, whether in whole or in part, so as to release all homestead and other rights, privileges or interests, statutory or otherwise, and that any mortgage, sale or conveyance by either party, without the joinder of the other, shall be sufficient to convey and such real or personal property free and clear of any of the rights of the other as his or her attorney-in-fact binding for him or her and in his or her name and stead, as the case may be, to release all such rights in any real or personal property so mortgaged, sold or conveyed during their mutual lives.
TAXES
Both parties acknowledge that there is nothing stipulated within this Agreement that shall be interpreted as the waiving of (i) either parties right in reporting [his/her] income for federal and states purposes, (ii) both parties are still entitled to those rights as provided for by the "Federal Gift Tax Laws," and/or (iii) any and all rights provided by the "Federal Estate Tax Laws" with regards to any such transfer which such laws may apply.
Nothing in this Agreement shall be construed as waiving (i) any rights of the parties to report their income for federal or state purposes in the same manner as permissible for any other spouses, (ii) any rights provided for spouses 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.
SEVERABILITY
Should any term or provisions of this Agreement or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected and each other term and provision shall be valid and enforced to the extent permitted by law, but only to the extent that the same continues to reflect fairly the intent and understanding of the parties as expressed by this Agreement taken as a whole.
MISCELLANEOUS PROVISIONS
This Agreement (a) contains the entire understanding of the parties and both parties acknowledge that no promises have been made except as contained herein, (b) may not be modified, amended or terminated unless such modification, amendment or termination shall be in writing and shall be signed by bother parties hereto,(c) shall be and become effective only in the event that the contemplated marriage between the parties hereto shall be formalized, and (d) shall inure to the benefit of and be binding upon the respective legal representatives and heirs of the parties.
FULL DISCLOSURE
By way of discussions with each other, and through copies of their current financial statements, of which a copy of each party's financial statement is attached hereto, and is thus integrated into and made a part of this Agreement, as Schedule Exhibit "A", Prospective Spouse One's Financial Statement and Schedule B Exhibit, Prospective Spouse Two's Financial Agreement, the parties have both agreed to fully reveal and disclose to each other their full financial information with regards to their net worth, assets, current holdings, income and liabilities. In addition, both parties openly acknowledge that they have both had adequate time to review the other party's financial statement, and that [he/she] are both familiar with and fully understand the other parties financial statement, and in any area in which uncertainty may have existed clarification was sought out and any questions were answered to [his/her] complete satisfaction, and that both parties acknowledge and are satisfied that full and complete disclosure has been made by the other party.
RECORDING AGREEMENT
This instrument may be recorded in the Registry of Deeds or filed in the Registry of Probate for any county in which the parties or either of them may at any time be a resident or have any interest in real estate or other property.
PARAGRAPH HEADINGS
The headings of any particular paragraphs and subparagraphs are inserted only for convenience and are not part of this Agreement and are not to act as a limitation on the scope of the particular paragraph to which the heading refers.
EXECUTED as a sealed instrument as at the date aforementioned herein, and in contemplation of marriage.
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STATE OF ${input_39_92}
COUNTY OF ${input_39_93}
Then personally appeared the above named parties and acknowledged the foregoing instrument to be his and her free act and deed, before me. The parties have proven to me on the basis of satisfactory evidence, by way of producing a government issued identification, to be the person(s) who appeared before me.
_________________________________________________
[Notary Public Signature]
Commission Expires: _______________________________
SCHEDULE A – PROSPECTIVE SPOUSE ONE
Schedule of assets disclosed pursuant to Prenuptial Agreement, dated by and between ${input_39_5} , Prospective Spouse One, residing at ${input_39_7_1} , ${input_39_7_3} , ${input_39_7_4} , and ${input_39_10} , Prospective Spouse Two, residing at ${input_39_11_1} , ${input_39_11_3} , ${input_39_11_4} .
I hereby acknowledge that I have reviewed the above listed and hereby attached Schedule.
_________________________________________________
(Prospective Spouse One Signature)
(Dated) _______________________________
SCHEDULE B – PROSPECTIVE SPOUSE TWO
Schedule of assets disclosed pursuant to Prenuptial Agreement, dated by and between ${input_39_10} , Prospective Spouse Two, residing at ${input_39_11_1} , ${input_39_11_3} , ${input_39_11_4} , and ${input_39_5} , Prospective Spouse One, residing at ${input_39_7_1} , ${input_39_7_3} , ${input_39_7_4} .
I hereby acknowledge that I have reviewed the above listed and hereby attached, Schedule.
_________________________________________________
(Prospective Spouse Two Signature)
(Dated) _______________________________
EXHIBIT SCHEDULE A
FINANCIAL INFORMATION – Prospective Spouse One
MONTHLY INCOME
|
Employer Income: |
$${input_39_112}.00 |
|
Spousal Support: |
$${input_39_113}.00 |
|
Pension, Retirement, Annuity Payments: |
$${input_39_114}.00 |
|
Child Support: |
$${input_39_115}.00 |
|
Disability: |
$${input_39_116}.00 |
|
Unemployment: |
$${input_39_117}.00 |
|
Workers' Compensation: |
$${input_39_118}.00 |
|
Social Security: |
$${input_39_119}.00 |
|
Trusts or Estates: |
$${input_39_120}.00 |
|
Net Income from Rental Properties: |
$${input_39_121}.00 |
|
Interest and Dividends: |
$${input_39_122}.00 |
|
Other Income: |
$${input_39_123}.00 |
|
Total Monthly Income: |
$0.00 |
Notes on Income:
MONTHLY EXPENSES
|
Federal, State, and Local Income Taxes: |
$${input_39_127}.00 |
|
FICA/Self-Employment Taxes: |
$${input_39_128}.00 |
|
Health, Dental, Vision Insurance Premiums: |
$${input_39_129}.00 |
|
Life, Disability, and Other Insurance Premiums: |
$${input_39_130}.00 |
|
Automobile Insurance: |
$${input_39_131}.00 |
|
Homeowners/Renters Insurance: |
$${input_39_132}.00 |
|
Medical/Dental Care (non-insurance): |
$${input_39_133}.00 |
|
Retirement Contributions: |
$${input_39_134}.00 |
|
Monthly Mortgage/Rent Payments: |
$${input_39_135}.00 |
|
Property Taxes: |
$${input_39_136}.00 |
|
Other Taxes: |
$${input_39_137}.00 |
|
Automobile Payments: |
$${input_39_138}.00 |
|
Other Loans Payments: |
$${input_39_139}.00 |
|
Child Support/Alimony: |
$${input_39_139}.00 |
|
Other: |
$${input_39_140}.00 |
|
Total Monthly Expenses: |
$0.00 |
Notes on Expenses:
ASSETS
|
Bank Account(s): |
$${input_39_145}.00 |
|
Retirement Account(s): |
$${input_39_146}.00 |
|
Personal Real Estate: |
$${input_39_147}.00 |
|
Business Real Estate: |
$${input_39_148}.00 |
|
Automobile(s): |
$${input_39_149}.00 |
|
Boats or Other Vehicles: |
$${input_39_150}.00 |
|
Jewelry, Fur, Art: |
$${input_39_151}.00 |
|
Stock and Bond Holdings: |
$${input_39_152}.00 |
|
Certificates of Deposit: |
$${input_39_153}.00 |
|
Notes Receivable: |
$${input_39_154}.00 |
|
Annuities: |
$${input_39_155}.00 |
|
Business Ownership Interest: |
$${input_39_156}.00 |
|
Mutual or Hedge Fund Holdings: |
$${input_39_157}.00 |
|
Other Assets: |
$${input_39_158}.00 |
|
Total Asset Value: |
$0.00 |
Notes on Assets:
LIABILITIES
|
Residential Mortgage: |
$${input_39_162}.00 |
|
Home Equity Loan: |
$${input_39_163}.00 |
|
Other Mortgage: |
$${input_39_164}.00 |
|
Credit Card Debt: |
$${input_39_165}.00 |
|
Student Loans: |
$${input_39_166}.00 |
|
Automobile Loans: |
$${input_39_167}.00 |
|
Other Loans: |
$${input_39_168}.00 |
|
Other Liabilities: |
$${input_39_169}.00 |
|
Total Outstanding Liabilities: |
$0.00 |
Notes on Liabilities:
EXHIBIT SCHEDULE B
FINANCIAL INFORMATION – Prospective Spouse Two
MONTHLY INCOME
|
Employer Income: |
$${input_39_179}.00 |
|
Spousal Support: |
$${input_39_180}.00 |
|
Pension, Retirement, Annuity Payments: |
$${input_39_181}.00 |
|
Child Support: |
$${input_39_182}.00 |
|
Disability: |
$${input_39_183}.00 |
|
Unemployment: |
$${input_39_184}.00 |
|
Workers' Compensation: |
$${input_39_185}.00 |
|
Social Security: |
$${input_39_186}.00 |
|
Trusts or Estates: |
$${input_39_187}.00 |
|
Net Income from Rental Properties: |
$${input_39_188}.00 |
|
Interest and Dividends: |
$${input_39_189}.00 |
|
Other Income: |
$${input_39_190}.00 |
|
Total Monthly Income: |
$0.00 |
Notes on Income:
MONTHLY EXPENSES
|
Federal, State, and Local Income Taxes: |
$${input_39_194}.00 |
|
FICA/Self-Employment Taxes: |
$${input_39_195}.00 |
|
Health, Dental, Vision Insurance Premiums: |
$${input_39_196}.00 |
|
Life, Disability, and Other Insurance Premiums: |
$${input_39_197}.00 |
|
Automobile Insurance: |
$${input_39_198}.00 |
|
Homeowners/Renters Insurance: |
$${input_39_199}.00 |
|
Medical/Dental Care (non-insurance): |
$${input_39_200}.00 |
|
Retirement Contributions: |
$${input_39_201}.00 |
|
Monthly Mortgage/Rent Payments: |
$${input_39_202}.00 |
|
Property Taxes: |
$${input_39_203}.00 |
|
Other Taxes: |
$${input_39_204}.00 |
|
Automobile Payments: |
$${input_39_205}.00 |
|
Other Loans Payments: |
$${input_39_206}.00 |
|
Child Support/Alimony: |
$${input_39_207}.00 |
|
Other: |
$${input_39_208}.00 |
|
Total Monthly Expenses: |
$0.00 |
Notes on Expenses:
ASSETS
|
Bank Account(s): |
$${input_39_212}.00 |
|
Retirement Account(s): |
$${input_39_213}.00 |
|
Personal Real Estate: |
$${input_39_214}.00 |
|
Business Real Estate: |
$${input_39_215}.00 |
|
Automobile(s): |
$${input_39_216}.00 |
|
Boats or Other Vehicles: |
$${input_39_217}.00 |
|
Jewelry, Fur, Art: |
$${input_39_218}.00 |
|
Stock and Bond Holdings: |
$${input_39_219}.00 |
|
Certificates of Deposit: |
$${input_39_220}.00 |
|
Notes Receivable: |
$${input_39_221}.00 |
|
Annuities: |
$${input_39_222}.00 |
|
Business Ownership Interest: |
$${input_39_223}.00 |
|
Mutual or Hedge Fund Holdings: |
$${input_39_224}.00 |
|
Other Assets: |
$${input_39_225}.00 |
|
Total Asset Value: |
$0.00 |
Notes on Assets:
LIABILITIES
|
Residential Mortgage: |
$${input_39_229}.00 |
|
Home Equity Loan: |
$${input_39_230}.00 |
|
Other Mortgage: |
$${input_39_231}.00 |
|
Credit Card Debt: |
$${input_39_232}.00 |
|
Student Loans: |
$${input_39_233}.00 |
|
Automobile Loans: |
$${input_39_234}.00 |
|
Other Loans: |
$${input_39_235}.00 |
|
Other Liabilities: |
$${input_39_236}.00 |
|
Total Outstanding Liabilities: |
$0.00 |
Notes on Liabilities: