Fill and Sign the Antenuptial Agreement Form

ANTENUPTIAL AGREEMENT THIS AGREEMENT, made this       day of       , 20       , between       of       , Mississippi ("first party"), and       , of Macon, Mississippi ("second party"), W I T N E S S E T H WHEREAS, the parties hereto have each been previously married, and each have children by their respective previous marriages; and WHEREAS, during their respective previous marriages the parties hereto have accumulated separate estates; and WHEREAS, the parties are about to contract marriage; and WHEREAS, the parties have furnished each other with a financial statement which each party acknowledges is a full and complete disclosure of substantially all of the real and personal property now owned by him or her, each party acknowledges that the values are an estimate by him or her of the approximate present value thereof, all of which property is now and shall continue to be separate properties of the respective parties, copies of said financial statements are attached hereto as Exhibits "A" and "B"; and WHEREAS, in anticipation of the intended marriage the parties desire to express in writing their agreement that, except as hereinafter specifically provide, their marriage shall not in any way change their existing rights, or the rights of their heirs (exclusive of the parties) or of their devisees or legatees, in the real and personal property owned or hereafter acquired by each of the parties; and WHEREAS, the first party has had the advise and counsel of       Attorney-at-Law, Macon, Mississippi; and the second party has had the advise and counsel of       , Attorney-at- Law,       , Mississippi. NOW, THEREFORE, in consideration of the marriage of the parties and of their mutual promises and agreements, they agree one with the other as follows: (1) Each of the parties shall have full control of his or her own separate property, real, personal and mixed, wherever located, and shall have an hereby is given the right to lease, sell, convey, mortgage or otherwise dispose of the same and receive all monies, rents, issues, income and profits thereof without any restrictions whatever and without interference from the other party. Each of the parties shall pay his or her own debts whenever contracted and in no case shall either party be held for the debts of the other parties in any way. (2) Except as otherwise expressly provided, each of the parties hereby waives, relinquishes, conveys, quitclaims, bars, discharges, surrenders and releases, and hereby agrees to waive, relinquish, convey, quitclaim, bar, discharge, surrender and release, to the other: (a) Any and all of his or her right, title and interest of every kind and description, which he or she may have, acquire, enjoy or be seized by reason of, or on or after, their marriage, as the wife, husband, widow or widower of the other party, in the property, real, personal and mixed, wherever located owned by the other party at the time of, or acquired by him or her after their marriage, or in his or her estate, whether by way of dower, courtesy, homestead, widow's aware, statutory share or provision, descent, inheritance, succession or otherwise; (b) His or her right, if any, granted to or vested in him or her, by statute or otherwise, to renounce, or to elect to take against, the provisions of the other party's will or any codicil thereto; and (c) His or her right, if any, granted to or vested in him or her by statute or otherwise to act as executor or administrator of the other party's estate. Except as otherwise expressly provided, it is the intent of the parties that this paragraph shall be construed so that each party may deal with his or her property and any trust in which he or she may have an interest as if their marriage had not taken place, and on the death of either party his or her estate and any trust in which he or she may have an interest will be administered, descend and be distributed in exactly the same way and to the same heirs, next of kin, devisees or legatees as if the other party had predeceased the party so dying. Nothing contained in this paragraph or in this agreement, however, is intended to preclude either party from voluntarily making provision for, or granting powers or rights to, the other party in and by the former's last will, a codicil thereto or otherwise. (3) The parties have each executed a Last Will and Testament, copies of which are attached hereto as Exhibits       and       . The parties agree that these Wills are in conformity with the provisions of this agreement and as consideration for this agreement, each party does hereby waive any and all objection to the terms of the said Last Will and Testament of the other and each party agrees not to contest or renounce the terms of thereof. Likewise, each party agrees not to contest or renounce any future Wills or Codicils which are in conformity with the terms of this agreement. (4) The fact that either party (without being obligated to do so) may give, devise or bequeath to the other party property or an interest therein, or otherwise confer rights or powers on the other party, in trust or by gift or will, shall not be construed as a waiver of any provision hereof or as evidence that there is or was an agreement or understanding between the parties other than as specifically expressed herein. (5) Each party agrees, on behalf of himself or herself and of his or her heirs, executors, administrators and assigns, that he, she or they, at the request of the other party or the latter's heirs, executors, administrators and assigns (but at the cost of the other party or his or her heirs, executors, administrators, and assigns), will make, do, execute, acknowledge and deliver any and all such further or other acts, deeds and instruments as shall be appropriate, necessary or desirable to carry in effect the intent, purpose and provisions of this agreement without question or delay, except that neither party shall be obliged to sign any mortgage, note, bond or other instrument which may subject him or her, or his or her estate and property, to personal liability. (6) In selling, sealing, assigning, granting, releasing, conveying or otherwise dealing with the property of either party, the party whose property is being so dealt with shall be and hereby is constituted the other party's attorney-in-fact and as such shall have full power in the name of such other party or in the joint names of both parties to join in the contemplated transaction and execute documents to effect it on behalf of such other party, independently and without the consent or privity of such other party, to the same extend and as fully as if their marriage had not taken place. (7) During the course of the intended marriage, all property acquired by each party in their own name shall be deemed to be part of their separate estate and by the terms hereof, each party hereby waives and relinquishes all claim to the separate estate of the other. Likewise, all property acquired during the marriage in the joint name of both parties shall be deemed to be part of their joint estates and thereby evidence their intent to grant the powers and rights to the parties as to said jointly owned property as is provided to spouses by operation of law. (8) The parties agree that each party shall provide for the payment of their individual health care, convalescence and funeral expenses out of their separate estate so as not to be a financial burden on each other. (9) This agreement shall come into effect only if the contemplated marriage between the parties is solemnized, and on coming into effect shall be binding on and shall inure to the benefit of the parties and their respective heirs, legatees, devisees, executors and administrators. (10) Despite any other provisions of this instrument, this agreement shall not affect in any way the parties' rights, titles, powers, duties, discretions, immunities and interest in any property owned in joint tenancy or entirety with rights of survivorship which they may hereafter acquire. (11) This agreement shall be controlled, construed and given effect by and under the laws of the State of Mississippi. IN WITNESS WHEREFOR, the parties hereby execute this agreement in several counterparts, any executed copy of which shall be considered for all purposes as an original, on the day and year above written. ____________________________ WITNESSES: _________________________ _________________________ _____________________________ WITNESSES: _________________________ _________________________