Prenuptial (Premarital) Agreement

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A prenuptial agreement, or ‘premarital agreement‘ or ‘antenuptial agreement‘, is between a couple planning to marry that outlines the separation of assets and spousal support in the event of divorce. The agreement covers the division of assets, debts, and spousal support. Although, it is prohibited to include child support, custody arrangements, or visitation rights of the children in the agreement. Custody must be administered by the local court.

Financial Disclosure

It is required that both spouses disclose all their assets, income, and debts prior to signing an agreement. If not disclosed, a prenuptial agreement can be deemed invalid by a local court.

By State

Table of Contents

What is a Prenuptial Agreement?

A prenuptial agreement, or simply a ‘prenup’, allows a couple to outline the distribution of property in the event of a divorce. It is commonly signed before marriage and can include any language, terms, or conditions allowed under State law. Full disclosure of financial assets is required to be made in the prenuptial agreement.

Uniform Premarital Agreement Act (UPAA)

The Uniform Premarital Agreement Act (UPAA) are uniform laws that have been adopted by 27 States (and the District of Columbia) and to create common rules to be followed.

The following 27 States have adopted the UPAA are: Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kanas, Maine, Montana, Nebraska, Nevada, New Jersey, New Mexico, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Texas, Utah, Virginia, and Wisconsin.

Even though the other 23 States have not enacted the UPAA, prenuptial agreements are legal and enforceable.

Is it Ironclad?

Any prenuptial agreement may be considered invalid. Although, unless there is explicit evidence, it is difficult to void a signed prenuptial agreement.

There are three (3) main ways to overturn a prenup:

  1. Not Disclosing All Financials – This does not mean a hidden bank account with $500. There have to be assets of a significant amount not declared by one of the parties.
  2. Coercion – If one of the parties was “pressured” into signing the agreement. Also known as ‘duress’, this would require proof such as written communication.
  3. Signing Requirements – Each State has its signing requirements, and if the agreement was not authorized under the State statutes it would not be considered valid. Additionally, each party is recommended to have separate legal counsel before entering into an agreement.

In addition, it’s highly recommended for each spouse to have their own attorney. After the prenuptial agreement has been agreed-upon, give at least one (1) week before signing for each party to think about their decision. The spouses and their attorneys should also sign the prenuptial agreement in accordance with State Signing Requirements.

Pros and Cons

Pros Cons
Assets Each party has full ownership rights (as stated in the prenup) after the marriage has ended. Any help provided to the other spouse’s benefit is not accounted for.
Debts Each party is responsible for the debts they incurred prior to marriage. One spouse’s lifestyle may differ not allowing the other to pay off the other’s debts.
Emotions All parties fully understand the arrangement they are entering into. It can create a lack of trust between the parties.
Inheritance It can protect the inheritance of family assets. If death by the spouse, it can allow other family members to obtain the spouse’s property.
Spousal Support If both parties want children, it allows one of the spouses to be compensated for their time, especially if a stay-at-home parent. If no spousal support, a stay-at-home parent can be giving up a promising career path without compensation.

How to Make a Prenuptial Agreement (5 steps)

Due to marriage being an emotional and financial partnership, both can be exploited through the agreement with both parties thinking “at the moment” and not what is best for each. Therefore, the following steps should be followed as a checklist when creating a prenuptial agreement.

Step 1 – Discuss Each Other’s Intentions

The hardest step is broaching the subject. In some cases, this can cause emotional fallout and lead to a lack of trust. This subject is best handled at the earliest stage possible. Attempting to have a spouse sign a prenuptial agreement days or weeks before the wedding could be considered coercion and deem the contract to be invalid.

Step 2 – Seek Legal Counsel

After discussion by both parties, it’s time to get legal counsel. It’s required in most States to have each spouse retain their own legal counsel. Furthermore, it’s best to have attorneys that are not in the same office to avoid any conflict of interest. Each spouse is advised to get a divorce attorney with experience in the State where the agreement is being signed.

Step 3 – Make a List of Financial Assets

After finding legal counsel, it’s time to make a list of full-list of all the financials by each spouse. It is a requirement for each spouse to disclose all cash, assets, debt, real estate, retirement accounts, potential funds from litigation, and any other financial information.

Step 4 – Negotiate and Agree to Terms

Every relationship is different and going about how to negotiate is up to the spouses. It’s recommended the following topics are discussed and agreed to in-full: (use below as a checklist)

  • Money and assets prior to the marriage;
  • Debts and liabilities prior to the marriage;
  • Estate planning;
  • Inheritance Proceeds;
  • Adultery/Cheating “Penalties”;
  • Alimony; and
  • Any other financial terms.

Helpful Tip: The main purpose of an attorney is to give advice that is separate from the emotional part of the marriage.

Step 5 – Sign the Agreement (Requirements)

The spouses must sign the agreement in accordance with State laws (see below). It is highly recommended that the execution of the document is completed at least thirty (30) days before the wedding or civil union date. Both parties should receive signed original copies. If there are no laws in a specific State, it’s recommended to be signed with both spouses in the presence of a notary public.

State Signing Requirements Statutes
Alabama Both spouses only. Barnhill v. Barnhill, 386 So. 2d 749 (Ala. Civ. App. 1980)
Alaska Both spouses only. Brooks v. Brooks, 733 P.2d 1044, 1048-51 (Alaska 1987)
Arizona Both spouses only. § 25-202
 Arkansas Prenuptial Agreement Acknowledgment must be attached (Adobe PDF, MS Word, OpenDocument) § 9-11-402
 California Both spouses only. CA Fam Code § 1611
 Colorado Both spouses only. § 14-2-306
 Connecticut Both spouses only. Sec. 46b-36c
 Delaware Both spouses only. § 322 Formalities
District of Columbia (D.C.) Both spouses only.

§ 46–502

 Florida Both spouses only. § 61.079 (3)
 Georgia A notary public and one (1) witness. § 19-3-62
 Hawaii Both spouses only. § 572D-2 Formalities
 Idaho Both Spouses only. § 32-922 – Formalities
 Illinois Both spouses only. 750 ILCS 10/3
 Indiana Both spouses only. IC 31-11-3-4
 Iowa Both spouses only. § 596.4 Formalities
 Kansas Both spouses only. § 23-2403
 Kentucky Both spouses only. KRS 371.010
 Louisiana Both signatures must be notarized. CC 2331
 Maine Both spouses only. § 603
 Maryland Both spouses only. Stewart v. Stewart. No. 0249, 2011)
 Massachusetts It must be recorded in the Registry of Deeds where the husband resides. Part II, Title III, Chapter 209, Section 26
 Michigan Both spouses only. § 566.132, Sec. 2(1)(c)
 Minnesota Two (2) witnesses and a notary public. § 519.11, Subdivision 2
 Mississippi Both spouses only. Mabus v. Mabus, 890 So.2d 806 (Miss. 2003)
 Missouri Both signatures must be notarized. § 451.220
 Montana Both spouses only. § 40-2-604
 Nebraska Both spouses only. § 42-1003
 Nevada Both spouses only. NRS 123A.040
 New Hampshire Both spouses only. § 460:2-a
 New Jersey Both spouses only. § 37:2-33
 New Mexico Both signatures must be notarized. § 40-3A-3
 New York Both signatures must be notarized. DRL 236B(3)
 North Carolina Both spouses only. § 52B-3
 North Dakota Both spouses only. § 14-03.2-05
 Ohio Both spouses only. § 1335.05
 Oklahoma Both spouses only. § 43-121(B)
 Oregon Both spouses only. § 108.705
 Pennsylvania Both spouses only. § 3106
 Rhode Island Both spouses only. § 15-17-2
 South Carolina Both spouses only. Holler v. Holler, 364 S.C. 256 (2005)
 South Dakota Both spouses only. § 25-2-17
 Tennessee Both spouses only. § 36-3-501
 Texas Both spouses only. § 4.002
 Utah Both spouses only. § 30-8-3
 Vermont Both spouses only. Bassler v. Bassler, 156 Vt. 353 (1991)
 Virginia Both spouses only. § 20-149
 Washington Both spouses only. Marriage of Matson, 107 Wn. 2d 479 (1986)
West Virginia Both spouses only. § 48-1-203
 Wisconsin Both spouses only. In re Marriage of Button v. Button, 131 Wis. 2d 84 (1986)
 Wyoming Both spouses only. LUND v. LUND, 849 P.2d 731 (1993)

How to Nullify

Nullifying a prenuptial agreement requires the consent of both parties. It can be revoked on a 1-page agreement, notarization recommended, with the following language:

Revocation of Prenuptial Agreement

 

I, [Spouse’s Name] and [Spouse’s Name], hereby revoke, void, and nullify the prenuptial agreement signed on the ____ day of _________________, 20____. We, the spouses, both have agreed to execute this revocation through our own free will and not under any unlawful duress or coercion by any outside parties.

Spouse Signature ____________________ Date ___________

Print Name ____________________

Spouse Signature ____________________ Date ___________

Print Name ____________________

Prenuptial Agreement: Sample

Download: Adobe PDF, MS Word, OpenDocument

How to Write

Download: Adobe PDF, MS Word (.docx), OpenDocument

Article I. The Parties

(1) Prenuptial Agreement Date. Report the calendar date when both Husband and Wife agree to the conditions and terms of this document.

(2) Husband. The Husband of this agreement should be identified by name.

(3) Wife. Produce the name of the Wife in this agreement.

II. Grounds For Divorce

(4) Irreconcilable Differences. This document can become applicable or remain inapplicable depending upon why divorce occurs. To apply the agreement when a divorce occurs because the Husband and Wife have too many differences in lifestyle or temperament to continue with the marriage, place a mark in the “Irreconcilable Differences” checkbox. If this document should not apply its effect when the Husband and Wife split for such reason(s) then this checkbox should remain unaltered or blank.

(5) Adultery. If this agreement should apply when a divorce occurs because of infidelity or Adultery, then select the second checkbox. Furthermore, indicate if this document will apply when the Husband is unfaithful, the Wife is unfaithful, or both by selecting the appropriately labeled checkbox in this option.

(6) Prison Sentence. The conditions this agreement imposes on the Husband and Wife can be felt if one or both are given a prison sentence when the third checkbox statement is chosen. If selected, report the minimum number of years making up the Spouse’s prison sentence where this agreement.

(7) Alcoholism/Drug Addiction. The fourth statement applies this document to the Couple if one or both of them develop an Alcohol and/or Drug Addiction problem. Select the checkbox for this statement if this document’s effect should apply to a divorce caused by an Alcohol and/or Drug Addiction problem. It should be mentioned that if this statement is selected, then it will apply to a prescription drug addiction that results from a legal prescription.

(8) Other. Every other reason for divorce requiring this document’s effects can be listed in the space provided with the “Other” checkbox option.

Article III. Engagement Period

(9) A Specified Period. A time period for the marriage to occur can be set for this agreement. For instance, if it (this agreement) should only be considered applicable when the Couple marries before a certain date, select the statement “A Specified Period” and supply this deadline. Note that the effect of this document may become inapplicable if the couple remains unmarried beyond the date entered in this statement option.

(10) No Specified Period. If the effect of this document remains valid regardless of how long it takes the Couple to be married, then the second checkbox must be filled in or selected.

Article IV. Minor Children

(11) No Minor Children. Before continuing, the Couple can choose to disclose and acknowledge certain facts about one another. One of these topics is that of Minors or Children. If both Members of this Couple have accurately informed each other that he or she is entering this marriage without children or minors under his or her care, then select the checkbox statement labeled “No Minor Children.”

(12) Minor Children. If one or both Members of this Couple has informed the other that he or she has a Child(ren) or Minor(s) before this marriage, then select the second statement. In addition to making this selection, the number of children (in total) entering this marriage should be recorded.

(13) Source Of Children. If it has been indicated that Children will be a part of this marriage, then establish whether the Child or Children belongs to the “Couple” or if these Children were had separately. That is, select the appropriate checkbox to indicate if a Child is entering this marriage only on the side of the Husband, on the side of the Wife, or if each has children then discuss this child’s identity in the provided attachment (“Attachment E”).

Article V. Spousal Support (Alimony)

(14) No Spousal Support. If this agreement must dictate that neither the Husband nor Wife is required to provide monetary or financial support to the other should a divorce occur, then this fact must be established. Do so by marking the first checkbox.

(15) Required Spousal Support. If this agreement must obligate one Spouse to deliver financial support to the other upon divorce, then the second checkbox statement should be selected.

(16) Payer. Select the “Husband” or the “Wife” checkbox to indicate who will be providing financial support should this Couple divorce.

(17) Payee. Select the “Husband” checkbox if he or she will require the Wife to provide spousal support upon divorce or the “Wife “checkbox to indicate that this Party will be the Recipient of spousal support.

(18) Perpetual Spousal Payments.  If spousal support will be required after the Couple divorces, then a discussion regarding the time frame and amount applying to this obligation should be delivered. Therefore, if the Payer (or Supporting Spouse) must provide monetary support until death, re-marriage, or the mutually sponsored termination of this agreement, then the “Perpetuity” checkbox should be marked. This statement requires that the monthly amount of the support payment and the two-digit calendar day of the month when it is due be presented.

(19) Fixed Period Payments. Spousal support can be mandated for only a limited amount of time if desired. If the Couple has decided this is appropriate, then the “Fixed Period” statement should be selected, the dollar amount making up the spousal support presented, and the two-digit calendar date when the monthly spousal support must be received documented. Once done, continue to give further definition to this fixed term.

(20) Payment Period. The Supporting Spouse can be required to provide monetary funds to the Supported Spouse for only a limited amount of time after a divorce by selecting the displayed statement option. Follow through with this selection by documenting the maximum number of months or years after the divorce when the Supporting Spouse is obligated to pay the other spouse.

(21) Payment Termination Date. If a specific date marks the end of any spousal support payments, then choose the second option and produce the last date when the Supporting Spouse is obligated to provide financial assistance. Bear in mind that if a divorce occurs after the date you report, then the support obligation will be considered satisfied.

(22) Other Spousal Payment Schedule. Some agreements between a potential Husband and Wife may require other conditions and/or requirements for spousal support payments. If the above choices do not adequately define what the Couple wishes to agree to, then locate the “Other” option and deliver this report directly to the available area.

VI. Earnings

(23) Married Income. If neither Spouse should be obligated to give any access or ownership to of his or her earnings or profits while married to the other Spouse, then select the “Separately” statement. Otherwise, select the “Jointly” statement to indicate the earnings of either Spouse will be considered accessible and owned by the Couple.

VII. Additional Payment

(24) Standard Spousal Support. The monetary support defined above is (unless otherwise indicated) a regularly made payment with a set amount. Select the first statement in Article VII, if this represents the total support required and no additional payments of support will be needed.

(25) Additional Payment. If an additional payment must be submitted by the Supporting Spouse, then the second statement in this article should be selected. This can be particularly useful if the Husband and Wife do business together during the marriage. If this statement is selected, then produce the dollar amount of the additional payment and use the checkboxes in this statement to indicate whether it will be the Husband paying the Wife this one-time payment or the Wife that must pay the Husband.

(26) Other Payments. If the additional spousal support payment this document must dictate has not been defined thus far, the “Other” option can be utilized to include such details.

VIII. Bank Accounts

(27) Separate Accounts. If, during the marriage, each Spouse can be expected to keep and maintain his or her own bank account then this should be solidified here. Select the first statement in Article VIII to establish this condition.

(28) Separate Accounts And One Joint Account. If the Couple has decided it is appropriate to open a joint bank account (where each has access and ownership of these joint funds) and each may maintain his or her own separate and private bank account during this marriage, then select the second checkbox statement of this article.

(29) One Joint Account. If both Spouses agree to merge their individual bank accounts to one joint bank account of which each Spouse will be able to contribute and access, then mark the checkbox attached to the third statement option.

IX. Disability

(30) Disability Pledge. The Spouses should determine whether this document should include a pledge to maintain the marriage even if one is severely and permanently disabled. If so, then select the “Pledges” statement to hold the Separating Spouse responsible for the contents of this agreement should a disability cause divorce. Otherwise the “Does Not Pledge” statement should be chosen. Take note, this selection will define whether this agreement will be applicable to the Divorcing Party (i.e. the Spouse initiating a divorce) when a disability is the cause of the concerned marriage’s dissolution.

X. Change Of Circumstances

(31) Durable Agreement. The agreement made by this Couple can be set as inflexible or durable so that no change in a Spouse’s circumstance after a divorce can cause a change in spousal support. The first statement on this matter should be selected from the tenth article if the spousal support defined by this paperwork’s content will remain in effect regardless of any changes to the financial health (i.e. earnings) of either Spouse before or after a divorce.

(32) Flexible Agreement. Choose the second statement if this document is intended to remain flexible on the topic of spousal support. That is, if either Divorcee’s financial status changes, then both Spouses can work together to alter the schedule or amount of spousal support (in writing).

(33) Condition Of Flexibility.  The conditions that can cause spousal support requirements to change should be discussed if such flexibility is applied. Select the “Job Loss” and/or “Disability” checkbox to allow spousal support conditions to change for one or both of these reasons. If there will be “Other” changes of status that allow the spousal support conditions to change, then select the “Other” checkbox where space has been provided for an additional condition to be defined.

 

XI. Health Insurance

(34) Separate Health Insurance. If this document allows for each Spouse to only be responsible for his or her own health insurance, then mark the checkbox statement at the beginning of the eleventh article.

(35) Health Insurance Provision. The paperwork can call for one Spouse to maintain another’s health insurance if a divorce occurs. If this is the case, then mark the checkbox corresponding to the second option. Additionally, use the checkboxes in this statement to define who shall be providing health insurance, the Recipient of this benefit, and the number of months or years after the divorce when the Providing Spouse must pay for the other’s health insurance.

(36) Type Of Provided Insurance. A list of different types of insurance has been provided to further explain the type of health insurance one Spouse must provide the other. Check each type of insurance this agreement should expect one Spouse to maintain on the other’s behalf.

XII. Marital Home

(37) Non-Ownership At Time Of Marriage. Select Article XII’s first statement if neither Spouse will be in ownership of a home at the time of marriage.

(38) Home Ownership At Time Of Marriage. The second statement of Article XII should be selected if one of or both Spouses owns real property. Then, select one of the three checkboxes in this statement to demonstrate whether the Husband owns a home at the time of marriage, the Wife does, or the Couple owns a home together. The space provided in this option expects the physical address of the owned property documented.

(39) Resulting Ownership If Divorces. If the Couple undergoes a divorce and one or both have owned property at the start of this marriage, then a record of how the potential divorce would affect property ownership should be made. This record requires that each checkbox defining who is entitled to this property at the time of divorce is selected (i.e. “Husband,” “Wife,” or “Couple”).

XIII. Financial Disclosure

(40) Waiving Disclosure. If neither Husband nor Wife requires the other to disclose his or her financial holdings, then select the “Waived” statement to solidify this release of responsibility.

(41) Disclosure Requirement. Select “Disclosed” if the Parties must document their financial status.

(42) Husband’s Disclosure. If a financial disclosure must be included, then use the space in item “(A)” to list all of the Husband’s property and assets and the space in item “(B)” to disclose all debts held by the Husband at the time this document is signed.

(43) Wife’s Disclosure. Utilize the area in item “(C)” to document all of the Wife’s assets and properties and the space in item “(D)” to include a record of all debts currently held by the Wife.

XIV. Ownership Of Property

(44) Before Marriage. Indicate if each Spouse will retain inpendent ownership of property that was acquired separately before the marriage or if the Couple will become the new Owner of the combined property by selecting the first or second checkbox statement in Article XIV.

(45) During Marriage. Mark the appropriate checkbox to demonstrate if the property acquired during the marriage remains solely owned by the Spouse who has purchased it even after the Couple divorces or if the Couple will own all property either Spouse has purchased during the marriage after a divorce.

XV. Ownership Of Debts

(46) Maintain Separate Debts. If a Spouse’s debts before marriage will be retained by that Spouse and not assumed by the other, then the first checkbox of Article XV must be marked.

(47) Combining Pre-Marriage Debts. If the Couple making up this marriage will assume the combined debts of both Spouses before marriage after a divorce, then select the second statement.

(48) Separate Acquired Debts. If the debt each Spouse acquired while the marriage was in effect will remain the responsibility of that Spouse, then choose the appropriate checkbox statement.

(49) Combining Marriage Debts. Select “The Couple” statement if, upon a divorce, the Spouses shall combine all debt acquired during the marriage and assume the responsibility of paying the combined sum together.

XVI. Rights As Beneficiary

(50) Dissolving Beneficiary Status. In some marriages, one or both Spouses may name the other as his or her Beneficiary (i.e. insurance, estates, etc.). If such a Beneficiary status is made, then it can be dissolved upon divorce by marking the checkbox corresponding to “Be Withdrawn.” Some states may impose laws upon this subject manner thus, make sure your choice is compliant with state law.

(51) Maintaining Beneficiary Status. As discussed, one or both Spouses may name the other as a Beneficiary. This status can be retained even if the Couple divorces by selecting the appropriate checkbox.

XXX. Governing Law

(52) State Ruling Marriage. The name of the state the Couple’s marriage and this paperwork operates under should be documented in Article XXX.

(53) Additional Provisions.  This agreement will only apply its contents to the marriage and possible divorce of this Couple as intended. Thus, any topics or agreements that both Spouses wish enforced left unmentioned must now be documented. Utilize Article XXX attach such provisions to this agreement’s effect.

 

XXXIII. Signature And Dates

(54) Signature Parties. It is strongly recommended that this document’s execution is verified effectively. To this end, three checkboxes have been provided so that each Signature Party signing this document with the Husband and Wife can be named. Select every checkbox corresponding to a Party expected to sign this document with the Couple (i.e. 2 Witnesses, 1 Notary Public, Legal Counsel). Make sure that the execution of this paperwork is compliant with state law. For instance, while Georgia will require this paperwork executed before two Witnesses and a Notary Public, South Carolina will not.

Husband’s Signature

(55) Husband’s Signature And Printed Name. The Husband must sign and print his name to effectively enter this agreement.

(56) Husband’s Signature Date. The calendar date when the Husband provided the binding signature should be dispensed.

Wife’s Signature

(57) Wife’s Signature And Name. The Wife’s signature and printed name must be submitted where requested.

(58) Wife’s Signature Date. The Wife’s signature date must be documented.

Two Witnesses

(59) The First Witness Signature. One of the two Witnesses who has watched the Husband and Wife sign this document must sign and print his or her name to the first signature area of the Witnesses’ statement as well as present the signature date.

(60) The Second Witness Signature Date. The next Witness who has observed the Husband and Wife signing this document should review the Witness statement then sign the second Witness area. This area also requires the Second Witness to print his or her name and document the current date.

Notary Acknowledgment

(61) Signature Notarization.  If the Husband and Wife sign this document before a Notary Public, then this Party will use a predetermined area to document the place and date of signing as well as the names of this Couple as part of the signature notarization process.

Husband’s Acknowledgement Of Independent Legal Advice

(62) State And County. The Husband’s Attorney should participate in the execution of this agreement’s negotiation by providing a testimony to his or her involvement beginning with the State and County of signing.

(63) Attorney Name. The full name of the Husband’s Attorney should be presented in this statement.

(64) Practicing State. Document the name of the State where the Husband’s Attorney may practice law.

(65) Date Of Attorney Statement. The Attorney’s statement (made by the Husband’s Attorney) must be supplemented with the date when legal counsel was given to the Husband.

(66) The Couple. Make sure the name of the Wife is provided.

(67) Attorney Signature. The Husband’s Attorney must sign his or her name as well as print it then document the formal date of his or her signature.

(68) Husband’s Signature. The Husband must acknowledge the Attorney’s statement being made with his or her signature, printed name, and signature date.

Wife’s Acknowledgment Of Independent Legal Advice

(69) State And County. The State and County where the Wife’s Attorney provides his or her service acknowledgment are required definition.

(70) Attorney Name. Report the full name of the Wife’s Attorney.

(71) State Law. Name the state where this document is made.

(72) Date Of Statement. The Wife’s Attorney must record the very last date when he or she delivered legal advice to the Wife.

(73) Attorney Statement. The name of the Husband is needed to complete the Attorney statement.

(74) Attorney Signature. The Attorney who has provided legal advice to the Wife will need to sign this statement to prove such service was given. The Attorney must sign his or her full name, print it, the dispense a record of the current date.

(75) Wife’s Signature. Naturally, the Wife who has received the discussed legal advice must also sign this testimony. Additionally, the Wife’s printed name and signature date must be included with this testimony.

Attachment A

(76) Husband Property. If the property and assets of the Husband must be divulged in this agreement, then use Attachment A to produce this financial profile.

Attachment B

(77) Husband Debt. The second attachment has been included to allow for a list of all the Husband’s debt and liabilities to be documented within this agreement.

Attachment C

(78) Wife Property. The third attachment available (“C”) can be used to formally present the Wife’s assets as well as owned property with this agreement.

Attachment D

(79) Wife Debt. If required by the agreement, distribute a record of all the Wife’s debts and liabilities then use Attachment D to include this information.

Attachment E

Article I Children Outside Couple

(80) Number Of Children. Record the total number of Children that either or both Spouse have outside of the Couple.

(81) Name Of Each Child. An area to provide the full name of each Child born outside of the Couple is included. The full name of the every Child should be recorded separately. If more room is needed, copy and paste the appropriate statement to accommodate all Children being brought into the Couple by one Spouse.

(82) Parent Or Guardian Of Child. Indicate if the Parent or Legal Guardian of the named Child is the Husband or Wife with a selection of the appropriate checkbox.

Article IV. Child Support During Marriage

(83) Source Of Child Support. A record of who will support the Children (born outside of the Couple) during the marriage can be included by selecting the checkbox that best defines this situation. The statement chosen here will determine if the Couple must take care of all the Children together, if each Spouse will be financially responsible only for his or her Child, or if an arrangement that is documented independently of these options (using the “Other” line) will be set as the child support obligations during the marriage.

Article V. Child Support After Marriage

(84) No Child Support. If no child support payments will be required by either Spouse to aid in taking care of a Child (born outside of the marriage) then select the first option.

(85) Deferred Child Support. If both of the Spouses have determined that it would be best to let the courts determine the status of child support payments should a divorce occur, then select the second option. This checkbox statement will need the name of the governing State to be recorded.

(86) Child Support Payments. If both members of the Couple have determined that one Spouse should pay child support after the marriage for every child (of the other Spouse) born outside of the marriage, then select the final option. It will also be necessary to use the checkboxes labeled “Husband” or “Wife” to indicate which Spouse will pay child support and which Spouse will receive the payment. A report of the required monthly child support payment amount is also an expected entry.

XXXVIII. Signatures And Dates

(87) Husband’s Signature. The Husband must complete the signature acknowledgment area of Attachment E with his or her signature, printed name, and signature date.

(88) Wife’s Signature. The Wife must read and agree to Attachment E by distributing his or her signature, printed name, and current date.