PRENUPTIAL AGREEMENT

THE PARTIES. This Prenuptial Agreement (“Agreement”) made this [DATE], is to create a pre-marital arrangement between the following:

[HUSBAND’S NAME], (“Husband”)

and

[WIFE’S NAME], (“Wife”).

SPOUSAL SUPPORT (ALIMONY). In the event of Divorce, the Couple agrees that: (check one)

☐ – There Shall Not be Spousal Support.

☐ – There Shall Be Spousal Support starting on the 1st day of the month following either Spouse filing a petition for Divorce in the state of Governing Law. The ☐ Husband ☐ Wife (“Paying Spouse”) shall pay to ☐ Husband ☐ Wife (“Receiving Spouse”): (check one)

☐ – In Perpetuity. Payments of $[AMOUNT] shall be due on the [#] of each month until either Spouse’s death, the remarriage of the Receiving Spouse, or modification or termination by further court order, whichever occurs first (“Spousal Support”).

☐ – For a Fixed Period. Payments of $[AMOUNT] shall be due on the [#] of each month: (check one)

☐ – For a period of [#] ☐ months ☐ years after the Divorce is filed. (“Spousal Support”).

☐ – Until [DATE] (“Spousal Support”).

☐ – Other. [OTHER]

MINOR CHILDREN. The Couple recognizes that there are: (check one)

☐ – No Minor Children of either the Husband or Wife are being brought into the marriage.

☐ – [#] Minor Children being brought into the marriage. The Minor Children are: (check all that apply)

☐ – From the Couple.

☐ – From either the Husband or Wife and described in Attachment E.

FINANCIAL DISCLOSURE. The Couple has: (check one)

☐ – Waived their right to view each other’s financials along with any other disclosures, forms, or discovery proceedings as by right under state law.

☐ – Disclosed the following financial disclosures in accordance with state law:

a.) [HUSBAND’S PROPERTY]

b.) [HUSBAND’S DEBTS & LIABILITIES]

c.) [WIFE’S PROPERTY]

d.) [WIFE’S DEBTS & LIABILITIES]

EFFECTIVE DATE. The effective date of this Agreement shall be the date of its execution by the second Spouse of the Couple to do so.

COURT ACTION. If a judgment for Divorce is obtained by either Spouse, the original of this Agreement shall be attached to the judgment. The court shall be requested to do the following:
a.) Approve the entire Agreement as fair and equitable;
b.) Order the Couple to comply with all of its executory provisions; and
c.) Merge the provisions of this Agreement into the judgment.

SEVERABILITY. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

SIGNATURES AND DATES. This Agreement is agreed to by the Couple and signed in the presence of: (check all that apply)
☐ – Two (2) Witnesses
☐ – Notary Public
☐ – Legal Counsel (independent)

Husband’s Signature: _______________________________ Date: ______________

Print Name: _______________________________

Wife’s Signature: _______________________________ Date: ______________

Print Name: _______________________________

TWO (2) WITNESSES

Witness’s Signature: _______________________________ Date: ______________

Print Name: _______________________________

Witness’s Signature: _______________________________ Date: ______________

Print Name: _______________________________

NOTARY ACKNOWLEDGMENT

State of _________________

County of _________________

On this ____ day of _________________, 20____, before me appeared _________________ as the Husband and _________________ as the Wife of this Prenuptial Agreement who proved to me through government issued photo identification to be the above-named persons, in my presence executed foregoing instrument and acknowledged that (s)he executed the same as his/her free act and deed.

_______________________________
Notary Public

My commission expires: ___________

HUSBAND’S ACKNOWLEDGMENT OF INDEPENDENT LEGAL ADVICE

State of _________________

County of _________________

I, _________________, a licensed attorney in the state of _________________ do hereby certify on this day of _________________, 20____ that _________________, the Husband, sought and received sufficient legal consultation in reference to a Prenuptial Agreement. The Husband’s legal consultation was separate from _________________, the Wife, and acknowledge that the Husband’s rights and liabilities were explained fully and to their sole benefit. I attest under perjury that the Husband voluntarily executed this acknowledgment in my presence without any duress or undue influence.

Licensed Attorney: _______________________________ Date: ______________

Print Name: _______________________________

Husband’s Signature: _______________________________ Date: ______________

Print Name: _______________________________

WIFE’S ACKNOWLEDGMENT OF INDEPENDENT LEGAL ADVICE

State of _________________

County of _________________

I, _________________, a licensed attorney in the state of _________________, do hereby certify on this day of _________________, 20____ that _________________, the Wife, sought and received sufficient legal consultation in reference to a Prenuptial Agreement. The Wife’s legal consultation was separate from _________________, the Husband, and acknowledge that the Wife’s rights and liabilities were explained fully and to their sole benefit. I attest under perjury that the Wife voluntarily executed this acknowledgment in my presence without any duress or undue influence.

Licensed Attorney: _______________________________ Date: ______________

Print Name: _______________________________

Wife’s Signature: _______________________________ Date: ______________

Print Name: _______________________________