Antenuptial Agreement

Antenuptial Agreement with Waiver of Right to Elective Share

Agreement made this day of , 20 , by and between of

, and , of

Whereas, the Parties to this Agreement intend to be married in the near future; and

Whereas, each Party is possessed of certain property and each Party has made full and fair disclosure to the other Party as to the nature and value of his or her property and income; and

Whereas, each Party desires that his or her estate shall pass to his or her respective issue by each Party's former marriage; and

Whereas, each Party is willing that the other shall have full power and authority to dispose of his or her property by Will without the consent or interference of the other, and is willing to waive all right and interest as surviving spouse in the estate of the other;

Now, therefore, in consideration of the mutual covenants and disclosures herein contained, their intended marriage, and intending to be legally bound hereby, the Parties hereto agree as follows:

1. acknowledges that this Agreement is being entered into voluntarily and after a full, satisfactory explanation of all provisions thereof by independent counsel of his own choosing and he acknowledges that he fully understands and consents to all provisions of this Agreement.

2. acknowledges that this Agreement is being entered into voluntarily and after a full, satisfactory explanation of all provisions thereof by independent counsel of her own choosing, and she acknowledges that she fully understands and consents to all provisions of this Agreement.

3. After the solemnization of their prospective marriage, each Party shall separately retain all rights in his or her own property, whether now owned and/or hereafter acquired, irrespective of the source or manner in which such property may be acquired. Each of them shall have the absolute and unrestricted right to dispose of such separate property during his or her lifetime and upon death, free from any claim that may be made by the other by reason of their marriage, and with the same effect as if no marriage had been solemnized between them. The provisions of this Paragraph shall be fully applicable even though the pertinent laws providing for marital rights may change after the execution of this Agreement with the result that presently existing rights may be reduced, eliminated or expanded and new rights may come into being.

4. With respect to each Party's respective separate properties, which it has been declared and agreed shall be and remain separate, each Party does hereby waive and relinquish any and all rights which he or she might otherwise have thereto or therein as spouse or surviving spouse of the other under present statutes or under statutes hereinafter in effect in any jurisdiction, whether by way of property settlement, equitable distribution, alimony, support, alimony pendente lite, maintenance and care, a distributive share in the event of intestacy, the right of election to take against a will or against an estate, the right to act as administrator or executor, or otherwise, and each of the Parties does hereby release all rights whatsoever which he or she might now have or hereafter otherwise acquire in said property of the other by reason of the contemplated marriage between them.

5. Nothing in this Agreement shall be construed as a waiver or renunciation by either Party of any gift, bequest or devise which may be made by one to the other, nor shall it prevent the creation of joint ownership in property after their marriage if each of them so desire; but this provision shall not be construed as a promise or representation that any such gift, bequest or devise will be made or joint ownership created.

6. Without limiting the generality or the effect of any of the provisions of this Agreement, and in order to facilitate and effectuate, in accordance with the provisions of the Agreement, the transfer of any property now or hereafter owned by either Party, the Parties hereto agree that, at the request of either Party, the other Party will join in any deed or deeds of conveyance and execute such other documents or instruments as may be reasonably required by the other Party to effectuate the terms and provisions of this Agreement, including, without limitation, an acknowledgment that such Party has no interest in such property, real or personal.

7. This Agreement shall be binding upon and inure to the benefit of the Parties hereto, their heirs, executors, administrators, personal representatives and assigns.

8. Severability. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.

9. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

10. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

11. Notices. Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

12. Attorney’s Fees. In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees.

13. Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to the contrary, any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

14. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

15. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

16. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.

17. Compliance with Laws. In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both Parties.

WITNESS our signatures as of the day and date first above stated.

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