Fill and Sign the Agreement Agrees that They Have Had an Opportunity to Consult Form

- 1 - PREMARITAL AGREEMENT READ BEFORE SIGNING: IMPORTANT NOTICE: EACH PARTY TO THIS AGREEMENT AGREES THAT THEY HAVE HAD AN OPPORTUNITY TO CONSULT WITH AN ATTORNEY OF THEIR CHOICE LICENSED TO PRACTICE LAW IN THEIR STATE OF RESIDENCE (NOT THE SAME ATTORNEY) AND THAT HAVE FULLY READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT. EACH PARTY FURTHER AGREES THAT THEY ARE NOT ACTING UNDER DURESS OR UNDUE INFLUENCE IN EXECUTING THIS AGREEMENT AND THAT EXECUTION OF SAME IS DONE FREELY AND VOLUNTARILY. THIS AGREEMENT, made this ____ day of ________________, 20____, between ___________________________ (Name), of ______________________________ (Address), _____________ (State) ("first party or Wife"), and _____________________ (Name), of ____________________________ (Address), _____________ (State) ("second party or Husband"), W I T N E S S E T H WHEREAS, Husband (check all that apply): has previously been married; has a child or children; has not been married; and Wife (check all that apply): has previously been married; has a child or children; has not been married. The parties desire to enter into this agreement prior to their contemplated marriage. WHEREAS, the parties hereto have accumulated separate estates; and WHEREAS, the parties are about to contract marriage and execute this agreement in contemplation of marriage to be effective upon their marriage in accordance with the laws of the State of New York, including any Uniform Premarital Agreement Act, or other applicable laws, adopted by the State of New York; and WHEREAS, the parties desire to enter into an agreement regarding certain properties, responsibilities, duties and obligations including but not limited to any interest, present or future,
......................................., as a result of whom, first party will be jointly and severally liable for any losses, including but not limited to, loss of earnings, damage to possessions, any loss of services, loss of future earning ability, any loss of benefits, any loss of alimony or spousal support, any loss of contributions to an annuity, any loss of pension or retirement benefits, any loss of social security, and any loss of insurance benefits. Further, first and second parties have expressly and separately agreed that they will use their own common law skills, experience, skill or competence, as applicable, as they may believe relevant to the execution and performance of both contracts. Therefore, both parties have specifically and independently agreed that the following legal questions shall be determined by the New York court of appeals and that any agreement or other representation which would or might be inconsistent with the foregoing legal questions is not to be relied upon by either party: ................................................................... (insert the questions above) ................................................................... (add further questions or add more specific terms) the parties will have a binding, irrevocable, non-exclusive, in perpetuity, agreement that, after full and fair disclosure, each party will indemnify, defend, and hold harmless third parties for all damages inflicted upon or caused by said third parties by or because of said third party's act or refusal to act in any manner in connection with their performance of this agreement or any part thereof, in connection with the execution, performance or other disposition of this agreement, including, without limitation, any litigation, and any other claim, action or proceeding, including an intellectual property, a personal injury or other claims where any of said acts or omissions was a proximate cause of such claim. For the purposes of this clause, “third parties" means any person, partnership, limited liability company, or the like, who has any interest in the property or is liable to the parties for any of such person's acts or omissions. The agreement is between first and second parties. First party shall pay the costs of investigation. Second party waives all claims against wife and does not have any defenses. (add additional terms) in consideration of the above, the foregoing agreement has been made and hereunto set forth the form of the agreement: name of first party date / date date name of second party date / date date