Fill and Sign the Marital Property Agreement Form

Prenuptial Marital Property Agreement Between Parties who have been Previously Married and have Children from Prior Marriage This Prenuptial Agreement is made _______________ (date), between ______________________________________________, an adult, who presently resides at _________________________________________________________________________ ________________ (street address, city, county, state, zip code) , referred to herein as Husband, and ____________________________________, an adult, who presently resides at ______________________________________________________________________________ _________________ (street address, city, county, state, zip code), referred to herein as Wife. Whereas, ______________________________ and ______________________________ plan to marry one another on or about ______________________ (date); and Whereas, each of the parties has been married and each has children by a former marriage; and Whereas, each of the parties has property, real and personal, and they desire, in contemplation of entering into a marriage contract, to settle and adjust all property rights that each may have or claim in the property of the other, and determine and declare what rights, if any, each of them shall have in the property of the other, in view of the consummation of the marriage contract, in case of the death of either after they marry; 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. Use of Property After Death In consideration of the marriage contract proposed to be entered into by the parties, Husband agrees with Wife that in case she survives him as his widow, she shall have the use and enjoyment of the real property situated in _____________________________________ (county and state) , more particularly described in Exhibit A attached hereto, for the full term of her natural life. She shall also receive from his estate $______________, to be paid to her within ____________________ (e.g., one year) after his death. II. Release of Other Claims to Property The giving of the use of the property to Wife for the term of her natural life and the payment to her of $____________ out of the estate of Husband, as above agreed, shall be in lieu of all claims that Wife, as the surviving widow, might have or make or claim in the estate of Husband , and shall be in lieu of and satisfaction of any claims she might have or make in or to his estate. All the real and personal property of which Husband shall die seized, except the real property above described, and all personal property of which Husband shall die possessed, except the $_______________ above provided, shall descend from Husband to his children or as he may direct by will, the same as if the marriage between the parties that is contemplated had never been entered into and the same as if Husband had left surviving him no widow. III. Property of WifeAll the property, real and personal, of which Wife may die seized and possessed, shall pass to and descend to her children by her former marriage, or as she may direct by will, without any right or claim made by Husband as surviving husband. Husband, in case he survives Wife, releases and discharges any and all claims that he, as surviving Husband, might have or make to any of the estate of which Wife may die seized or possessed, whether real, personal, or mixed. IV. Mandatory Arbitration 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. WITNESS our signatures as of the day and date first above stated. _________________________________ ________________________________ Husband Wife Certification of Attorney for __________________________________ I, ________________________________________ (name of attorney), certify that I am a licensed attorney, admitted to practice law in ____________________ (state); I have consulted with _______________________________ , who is a party to the foregoing Agreement, and I have fully advised her of her property rights and of the legal significance of the foregoing Agreement; and ______________________________________ has acknowledged her full and complete understanding of the legal consequences and of the terms and provisions of the foregoing Agreement and has freely and voluntarily executed the Agreement in my presence. _____________________________________ (Signature of Attorney) Certification of Attorney for __________________________________ I, ___________________________________________ (name of attorney), certify that I am a licensed attorney, admitted to practice law in _____________________________ (state); I have consulted with _____________________________ , who is a party to the foregoing Agreement, and I have fully advised him of his property rights and of the legal significance of the foregoing Agreement; and ____________________________ , has acknowledged his full and complete understanding of the legal consequences and of the terms and provisions of the foregoing Agreement and has freely and voluntarily executed the Agreement in my presence. ___________________________________ (Signature of Attorney)