Nonmarital Agreement

Nonmarital Agreement between Parties Living Together but Remaining Unmarried

Agreement made on , between of , referred to herein as Party A; and of referred to herein as Party B.

Whereas, the parties to this Agreement have been living together since at , and it is their intent to continue such living arrangement; and

Whereas, each of the parties is an unmarried person and a resident of ; and

Whereas, Party A is (a/an) and Party B is (a/an) ;

Whereas, each of the parties intends to continue in his or her present occupation; and

Whereas, the parties intend by this Agreement to define their property rights with one another; and

Whereas, this Agreement shall supersede any law of defining the rights and duties of persons living together in an unmarried state; and

Whereas, the parties do not intend that any informal or common-law marriage shall arise by virtue of the parties cohabiting with one another;

Now, therefore, for and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

I. Consideration. Consideration for this Agreement consists of the mutual promises of each party to act as a companion and homemaker to the other, in addition to the other promises contained in this Agreement. The furnishing of sexual services forms no part of the consideration for this Agreement. The parties agree that any services which either party may provide to the other or for the benefit of the other are fully compensated by this Agreement.

II. Earnings as Separate Property. The earnings of each party, while living together, shall remain their separate property and shall not be subject to division on termination of the parties' relationship.

III. Payment of Living Expenses. The parties agree that Party A shall pay % and Party B shall pay % of their living expenses while they are living together. Party A shall deposit $ monthly and Party B shall deposit $ monthly into a joint checking account on which either party may draw. Any property purchased from that account and any balance in the account shall be owned in the same percentages as contributions to the account.

IV. Assets and Liabilities as Separate Property. Each of the parties agrees that property owned or acquired by either party shall remain the separate property of each party. This property shall include, but not be limited to, all property, whether real or personal, owned by either party at the effective date of this Agreement; all property acquired by the other party out of the proceeds or income from property owned at the effective date of this Agreement or attributable to appreciation in value of such property, whether the enhancement is due to market conditions or to the services, skills, or efforts of its owners; and all property subsequently acquired by either party by gift, bequest, devise, or inheritance, or income from such property, or attributable to the appreciation in value of such property, whether the enhancement is due to market conditions or to the services, skills, or efforts of its owner. Neither party shall be liable for the individual and separate debts incurred by the other party.

V. Present Financial Condition of each Party. A balance sheet of each party has been attached to this Agreement as Exhibits . Neither party represents his or her respective balance sheet to be an exact computation of his or her assets and liabilities, but the balance sheet constitutes a reasonable approximation of each party's assets and liabilities. Each party represents to the other that he or she has fully disclosed to the other his or her financial situation by the representations contained in the balance sheet, subject only to the warning that the balance sheet was prepared informally and not by professional accountants.

VI. Dispositions of Property. Either party to this Agreement may, by appropriate written instrument, transfer, convey, devise, or bequeath any property to the other. Neither party intends to limit or restrict in any way the right to receive any such transfer, conveyance, devise, or bequest from the other, except as expressly stated in this Agreement.

VII. Change in Status of Property. Except as otherwise provided for in this Agreement, the property or interests in property now owned or later acquired by either party, which by the terms of this Agreement is classified as the separate property of one party, can only become the separate property of the other party or the joint property of both by a written instrument executed by the party whose separate property is to be reclassified.

VIII. Fiduciary Relationship. Each of the parties promises to act in good faith and to deal fairly toward the other in the management of their joint property and in living under the terms of this Agreement.

IX. Use of Surnames. Party B may use the name of Party A, either alone or in hyphenated form with her surname, and may hold herself out to be the spouse of Party A. Party A may similarly use the name of Party B, either alone or in hyphenated form with his surname, and may hold himself out to be the spouse of Party B. The provisions of this section shall not affect the rights of the parties as set forth in this Agreement as a whole. Any applications for joint credit shall not affect any financial arrangement set forth in this Agreement.

X. Governing Law. The law of shall apply in the interpretation of this Agreement and the ownership of the property of the parties except to the extent the parties have expressly agreed otherwise in this Agreement.

XI. Entire Agreement. This Agreement sets forth the entire agreement between the parties with regard to the subject matter. All agreements, covenants, representations, and warranties, either express or implied, oral or written, of the parties with regard to their financial relationship, either past, present, or future, commencing as of the date they began living together and terminating if and when they separate, are contained in this Agreement. No other agreements, covenants, representations, or warranties, either express or implied, oral or written, have been made by either party to the other with respect to the subject matter of this Agreement. All prior and contemporaneous oral conversations, negotiations, possible and alleged agreements and representations, covenants and warranties with respect to the subject matter are waived, merged into, and superseded by this Agreement.

XII. Attorney Fees. Should either party retain counsel for the purpose of the enforcement or the prevention of the breach of any provision of this Agreement, including, but not limited to, the institution of any action or proceeding to enforce any provision of it, for damages by reason of any alleged breach of any provision, or for a declaration of the party's rights or obligations under this Agreement, or for any other judicial remedy, the prevailing party shall be entitled to be reimbursed by the losing party for all costs and expenses incurred by the same, including, but not limited to, costs and reasonable attorney's fees for the services rendered to the prevailing party.

XIII. Costs and Expenses. Each party shall bear his or her respective costs and expenses incurred in connection with this Agreement, including the negotiation, preparation, and consummation of the Agreement.

XIV. Severability of Provisions. If any of the provisions of this Agreement are deemed to be invalid or unenforceable, such provisions shall be deemed severable from the remainder of this Agreement and shall not cause the invalidity or unenforceability of the remainder of this Agreement. If any provision shall be deemed invalid due to its scope, this provision shall be deemed valid to the extent of the scope permitted by law.

XV. Consultation with Attorney. The parties acknowledge that, prior to the signing of this Agreement, each party consulted with an attorney of his or her choice and the terms and legal significance of this Agreement and the effect which it has upon any interest which each party might obtain in the property of the other was fully explained to each. Each party acknowledges that he or she fully understands the significance of this Agreement and its legal effect and that he or she shall sign the same freely and voluntarily and that neither has any reason to believe that the other party did not understand fully the terms and effects of this Agreement or that he or she did not freely and voluntarily execute this Agreement.

XVI. Effect of Death. Each of the parties waives the right to be supported by the other after their separation or after the death of either party.

XVII. Binding Effect. This Agreement shall be binding on and inure to the benefit of both parties and their respective heirs, administrators, personal representatives, successors, and assigns.

XVIII. Amendment. This Agreement can only be amended by a written agreement signed by both parties.

XIX. Effective Date. This Agreement shall be effective as of , and shall continue until either the separation of the parties or the death of either party. Separation shall be as defined under the law of relating to marital separation. This Agreement shall continue in full force and effect if the parties marry each other, with the exception of the provisions of Section XVI regarding support, which shall be deleted from this Agreement as of the date of the marriage of the parties.

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

Acknowledgments

Attach Exhibits