Legal Pre Nuptial Agreement

LEGAL PRENUPTIAL AGREEMENT

This Prenuptial Agreement ("Agreement") is made on this , , between Party A Name: whose address is , and Party B Name: whose address is (each a "Party" and collectively the "Parties").

RECITALS

WHEREAS, the Parties contemplate legal marriage under the laws of the governing jurisdiction and desire to establish their respective rights and obligations in the event of separation, dissolution of marriage, death or other events affecting property and support; and

WHEREAS, each Party has made or will make a full, fair and accurate written disclosure of that Party's assets, liabilities and income to the other Party; and

WHEREAS, the Parties intend by this Agreement to define and limit their respective rights in property and to resolve in advance certain issues that may arise during marriage, separation, dissolution or death.

NOW, THEREFORE

In consideration of the mutual promises and covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings set forth below unless the context requires otherwise:

a) "Separate Property" means property owned by a Party prior to the marriage, property acquired during the marriage by gift or inheritance to that Party, property designated as separate by written agreement, and the increase, rents, profits and accessions of such property except as otherwise provided in this Agreement.

b) "Marital Property" means property acquired by the Parties during the marriage by joint effort, earnings, or funds treated in law as marital property, subject to the terms of this Agreement.

2. FULL DISCLOSURE

Each Party represents that such Party has made to the other a full, fair and accurate written disclosure of all material assets, liabilities and income. The Parties shall attach to this Agreement or provide contemporaneous schedules that identify current assets and liabilities; such schedules shall be incorporated herein by reference.

3. OWNERSHIP AND TREATMENT OF PROPERTY

3.1 Separate Property. Except as set forth herein, each Party's Separate Property shall remain the sole property of that Party, free from any claim, interest or right by the other Party. A Party's Separate Property may be transferred, sold, encumbered or otherwise disposed of by that Party without consent of the other Party.

3.2 Marital Property. Property acquired by the Parties jointly after the date of marriage, and property acquired with funds derived from joint efforts, shall be treated as Marital Property unless otherwise designated in writing. The Parties may, by written contemporaneous agreement, convert Separate Property into Marital Property and vice versa.

4. SPOUSAL SUPPORT / MAINTENANCE

4.1 Waiver or Agreement on Support. The Parties agree as follows with respect to spousal support and maintenance:

Party A hereby: Waives spousal support Reserves right to seek spousal support

Party B hereby: Waives spousal support Reserves right to seek spousal support

4.2 Enforcement. Any agreement to waive spousal support shall be effective and enforceable to the fullest extent permitted by applicable law. If a waiver is found to be unenforceable, the Parties agree that the court shall consider the intent of the Parties as reflected in this Agreement in determining support.

5. DEBTS AND LIABILITIES

5.1 Pre-Marital Debts. Each Party shall be solely responsible for that Party's Separate Property debts and liabilities incurred prior to the marriage, and the other Party shall have no obligation for such debts.

5.2 Marital Debts. Debts incurred jointly during the marriage shall be the joint responsibility of the Parties unless otherwise allocated in writing.

6. MANAGEMENT OF PROPERTY

Each Party shall retain the right to manage, control and dispose of such Party's Separate Property. Management of Marital Property shall be as agreed between the Parties, and absent agreement, as determined by applicable law.

7. ESTATE AND PROBATE RIGHTS

The Parties may by separate testamentary instruments grant rights in accordance with this Agreement. Nothing in this Agreement shall be construed to invalidate or require a particular disposition in a will, trust or other estate planning instrument except as expressly provided herein.

8. TAX MATTERS

The Parties acknowledge that the income tax consequences of transactions contemplated by this Agreement may be significant. Each Party agrees to cooperate in good faith to allocate tax liabilities and prepare joint or separate tax returns consistent with applicable law and the Parties' intent stated herein.

9. REPRESENTATIONS AND WARRANTIES

Each Party represents and warrants that: (a) such Party has had a reasonable opportunity to consult independent legal counsel; (b) such Party is entering into this Agreement voluntarily, with full knowledge of its contents; (c) this Agreement does not violate any prior agreement to which that Party is bound; and (d) no duress, undue influence or fraud has been exerted on that Party.

10. ENFORCEMENT AND REMEDIES

If any provision of this Agreement is breached, the non-breaching Party shall be entitled to seek all available legal and equitable remedies, including specific performance, declaratory relief and injunctive relief. The prevailing Party in any enforcement action shall be entitled to recover reasonable attorneys' fees and costs.

11. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state or jurisdiction selected by the Parties at the time of execution. The Parties select the jurisdiction of as the governing law for interpretation and enforcement of this Agreement.

12. NOTICES

Any notice required or permitted under this Agreement shall be in writing and delivered personally, by certified mail, return receipt requested, or by nationally recognized overnight courier to the addresses set forth above or to such other address as a Party may designate in writing. Notices shall be deemed given on the date of receipt.

13. AMENDMENT AND WAIVER

This Agreement may be amended or modified only by a written instrument signed by both Parties. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the Party waiving compliance.

14. SEVERABILITY

If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect and shall be interpreted so as to effectuate as nearly as possible the Parties' original intent.

15. ENTIRE AGREEMENT

This Agreement, including the attached schedules and any documents incorporated herein by reference, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior oral or written agreements, representations or understandings.

16. COUNTERPARTS

This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Facsimile or electronic copies of signatures shall be treated as originals for all purposes.

17. VOLUNTARY EXECUTION

Each Party acknowledges that such Party: (a) has read and fully understands the terms of this Agreement; (b) has had the opportunity to consult independent legal counsel of that Party's choice; and (c) is entering into this Agreement freely and voluntarily, without coercion or undue influence.

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