This Pre-Marital Agreement is a contract made in anticipation of marriage that specifies
each party's respective rights in their separate property. The agreement sets forth that
the separate property owned by each party before the marriage shall remain separate
property. It also contains provisions for the division of property in the event of a divorce
and states that neither party shall seek spousal support. This document includes
numerous standard provisions and may be customized to address the specific needs of
the parties. This should be used by individuals who intend to marry, but want to keep
their assets as separate property.
PRE-MARITAL AGREEMENT
This Agreement made on this _____ day of _______________ 20___. Between
_______________ [Instruction: insert future husband’s name], an adult residing in
_________________, [Instruction: insert city and state of residence] and
_______________ [Instruction: insert future wife’s name], an adult residing in
___________________ [Instruction: insert city and state of residence] (hereinafter the
“Agreement”).
I. PURPOSE
This Agreement is made in consideration of the contemplated marriage of the above-
named parties.
Each party to this Agreement has separate property and the parties are setting forth in this
Agreement their respective rights in and to all property of either owned at the date of
their marriage and in and to all property that may be acquired by either or both after their
marriage. Parties are also setting forth their rights regarding spousal support or
maintenance.
II. SEPARATE PROPERTY
Except as otherwise provided in this Agreement, the following property owned by either
party shall remain and be their separate property: all property acquired by either party by
gift, devise, bequest or inheritance, all property, including real or personal property, the
income from such property, and the investments and re-investments of such property.
The aforementioned 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.
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. By virtue
of this Agreement, 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.
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
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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.
Parties herby agree to sign all future necessary and appropriate documentation necessary
to relinquishing any apparent right of the party to the aforementioned separate property
arising by reason of their marital relationship. The signing of such documents shall not
impose any personal liability upon the signing party.
The property currently owned by each party is documented in Exhibit A and Exhibit B,
which by this reference are incorporated into this Agreement.
III. FULL DISCLOSURE
The parties hereby acknowledge that they are of lawful age, are competent to contact, are
free to enter into the contemplated marriage, have full knowledge of the other party’s
property, income and debts, and enter into this Agreement freely and voluntarily.
Each party additionally acknowledges that they have full knowledge of the terms and
provisions of this Agreement. Specifically, the parties acknowledge and agree that prior
to the signing of this Agreement, each party has disclosed their individual property
interests and the probable value of such property interests. Parties acknowledge that the
property listings in Exhibit A and Exhibit B are a complete and fair listing of each party’s
individual property as disclosed prior to the signing of this agreement.
IV. DEBTS
Each party agrees to be separately liable for his or her debts incurred prior to the
marriage. If desired, each party shall retain separate credit card accounts for his or her
respective use.