In the event of separation, support will be: One party will receive support As determined by law Other None. Describe the nature of the support:. Who will be receiving support? First Partner Second Partner. Choose all applicable types of payment:. Lumpsum Payment Yes. Enter the amount e. Describe the nature of the lumpsum payment:.
Enter the amount of payment e. Monthly Payment Yes. Enter the amount per month e. Describe the nature of the monthly payments:. How long will monthly payments continue? Enter the number of months e. Property Yes. Please enter a detailed description of the property:. Describe how the property will be given:. Do you wish to specify if the parties will receive any of each other's estates? Will the parties be entitled to part of each other's estate? What are the conditions for entitlement?
None The parties must be together at the time of death Other. Describe the conditions for entitlement:. Select all benefits that apply:. List Other Yes.
How many additional benefits do you wish to list? First benefit. Second benefit. Third benefit. Fourth benefit.
Fifth benefit. Do you wish to add any additional clauses? How many additional clauses do you wish to add? First extra clause:. Second extra clause:. Third extra clause:. Fourth extra clause:. Fifth extra clause:. Will a notary public be present?
How many witnesses will be present? Will witnesses be signing an affidavit of execution? Would you like each party to obtain a certificate of independent legal advice? Do you know when you will be signing the agreement? Year: Unknown United States Canada Australia 0? Create Free Account. What are you looking for? JavaScript Required You are reading this message because your browser either does not support JavaScript or has it disabled.
Free Prenuptial Agreement Answer a few simple questions Print and download instantly It takes just 5 minutes. Prenuptial Agreement What country do you live in? What country do you live in?
Required Built for England Different countries have different rules and regulations. Your Prenuptial Agreement will be customised for England. Back Create My Document Skip this step for now. Frequently Asked Questions. Your Prenuptial Agreement. This document preview is formatted to fit your mobile device. The formatting will change when printed or viewed on a desktop computer. Page of. The Parties wish to enter into this Agreement to provide for the status, ownership, and division of property between them, including future property owned or to be acquired by either or both of them.
The Parties further wish to affix their respective rights and liabilities that may result from this relationship. The Parties recognise the possibility of unhappy differences that may arise between them. Accordingly, the Parties desire that the distribution of any property that either or both of them may own will be governed by the terms of this Agreement and, insofar as the statutory or case law permits, intend that any statutes that may apply to them will not apply to them.
The Parties acknowledge that they have been provided with a reasonable period of time to review this Agreement. The Parties also acknowledge that they have had the opportunity to retain their own solicitor and to receive independent legal advice regarding the terms of this Agreement. The Parties have disclosed to their satisfaction all assets and liabilities that each may have and voluntarily and expressly waive any other rights to disclosure of the property or financial obligations of each other beyond the disclosure provided.
Each Party agrees and affirms THAT: The Parties did execute the Agreement voluntarily; This Agreement was not unconscionable when it was executed; Prior to execution of the Agreement, both Parties were provided a fair and reasonable disclosure of the property or financial obligations of the other Party; They have, or reasonably could have had, an adequate knowledge of the property or financial obligations of the other Party; and They entered into this Agreement freely and under no duress or undue influence on their decision by the other Party.
The Parties acknowledge that this Agreement will continue upon termination of marriage whether by death, divorce, or otherwise. All jointly acquired or jointly held property and the property listed in the attached Schedule "A" , however and whenever acquired, will remain the property of and be owned by both Parties and will be treated as shared property the "Shared Property". Except as otherwise provided in this Agreement, all property will be treated as property owned solely by either one of the Parties the "Separate Property" except where: it is Shared Property; or there is proof of shared legal ownership.
Nothing in this Agreement will prevent or invalidate any gift, or transfer for value, from one Party to the other of present or future property. Unless a Party can reasonably show that they solely own a piece of property, where either Party commingles jointly owned property with Separate Property, any commingled property will be presumed to be Shared Property. DEBTS The Parties acknowledge that this Agreement will govern any determination of responsibility of debts that may occur in the event of the Parties separating, or upon the death of a Party.
All jointly acquired or jointly held debts, however and whenever acquired, will remain the debts of and be owed by both Parties and will be treated as shared debts the "Shared Debts". Except as otherwise provided in this Agreement, all debts will be treated as debts which are owed solely by either one of the Parties the "Separate Debts" except where: it is Shared Debts; or there is proof of shared legal responsibility.
It is understood and accepted by each Party that spousal maintenance will be determined according to the appropriate laws. Nothing in this Agreement will invalidate or prevent either Party from naming the other as a beneficiary by will or other testamentary disposition. INTENTION OF THE PARTIES Notwithstanding that the Parties acknowledge and agree that their circumstances at the execution of this Agreement may change for many reasons, including but without limiting the generality of the foregoing, the passage of years, it is nonetheless their intention to be bound strictly by the terms of this Agreement at all times except where it would produce a grossly unfair or unreasonable result.
Need Help With This Question? Document Preview About this Document. Similarly, a prenuptial agreement can clarify whether joint household expenses, like a mortgage, will be paid from separate or joint bank accounts. A prenuptial agreement can explicitly determine that the more disadvantaged partner will or will not receive financial support. State laws, however, vary on whether a spouse can completely waive or give up the right to receive alimony or spousal support.
If one partner has children from another relationship, a prenup can ensure that separate premarital property is shared with these children. Even when a will exists, prenuptial agreements can clarify and reinforce expectations to avoid costly legal battles that ultimately eat away at the estate.
Note: A prenuptial agreement cannot be used for unborn children from a new marriage. As the division of property in divorce cases can become quite complex and contentious, couples who decide to create a prenuptial agreement can avoid stress and reduce time spent in court if they choose to dissolve their marriage in the future.
However, in the event you do decide to end your marriage without a prenup, you will likely need to use a divorce agreement to determine how to divide up your belongings. Alternatively, there is a cohabitation agreement for couples who wish to live together but not get married.
The prenup is a legal contract and involves a division of property under marriage laws. To maintain uniformity, many states such as California follow the Uniform Premarital Agreement Act UPAA , which sets out specific rules and guidelines for anyone creating a premarital agreement. Financial disclosure: The prenuptial agreement must indicate that the parties have made a full, fair, and honest disclosure of all their financial information to one another.
Opportunity for legal counsel : Either separate attorneys must represent both parties, or the unrepresented party must indicate in the document that they had a chance to consult independent counsel and chose not to. Waiting period. In some states, such as California, a state-mandated waiting period must occur between the parties receiving the prenup and signing the document. For example, in a California prenuptial agreement, the waiting period is seven days.
Fair and Reasonable Terms. The courts will not enforce such a contract. Signatures and Notarization. The specific requirements vary from state to state, but both parties must sign the prenuptial agreement. The document must also be notarized and witnessed by at least one impartial party, such as a notary public.
Each state has its own specific requirements, so make sure you check with your state or consult a licensed attorney to ensure you have created the document correctly. There are many different clauses you can include in a prenuptial agreement, and they can range from the division of property to spousal support and child provisions.
Some of the most common clauses are below:. Identify separate property and significant debts owned by each spouse before the marriage to ensure they keep ownership in the event of a divorce. Under most marriage laws, ownership of separate property ends with the beginning of the marriage. A divorce case can become contentious if a spouse needs to prove ownership of specific assets.
So prenups are crucial for establishing your rights to your property. In most states, anything acquired or earned during the marriage becomes the property of both parties. If you and your spouse want to divide community property differently, the premarital agreement will clarify this. Both parties have the option of agreeing to a set amount for spousal support, or they can waive it entirely by mutual consent.
However, both parties should be aware that circumstances may change. The court will often not enforce a prenup if it severely disadvantages one party, even if they voluntarily and knowingly entered into the agreement.
For example, suppose a woman agrees to waive alimony in the prenup, and the husband later divorces her, leaving the woman with no job and no source of income, the court may still require the husband to provide spousal support.
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