Marriage Agreement

MARRIAGE AGREEMENT

This Marriage Agreement is entered into on this date: by and between Spouse A: of , and Spouse B: of .

RECITALS

WHEREAS, the parties contemplate legal marriage and desire to establish their respective rights and obligations regarding property, support, and other matters during the marriage and upon separation, dissolution, death, or other events; and

WHEREAS, each party has made full and fair disclosure to the other of the nature, extent, and value of that party's property and liabilities, and each party acknowledges that such disclosure is accurate to the best of that party's knowledge; and

WHEREAS, the parties intend by this Agreement to define and agree upon the disposition, management and ownership of property, allocation of debts and liabilities, and any rights to spousal support in the event of legal separation, dissolution of marriage, or death;

NOW, THEREFORE

In consideration of the mutual covenants contained 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: "Separate Property" means property owned by a party before the marriage, property acquired by gift or inheritance at any time, and the increase, rents, issues and profits thereof, as further described in Section 2. "Marital Property" means property acquired by either or both parties during the marriage that is not Separate Property as defined herein.

2. SEPARATE PROPERTY

Each party shall retain as that party's Separate Property all property owned prior to the marriage and described in the schedules attached hereto or listed below. The parties agree that such Separate Property shall remain the sole and exclusive property of the owning party, free from any claim by the other, subject to the terms of this Agreement.

3. MARITAL PROPERTY AND ACQUISITIONS

Property acquired by the parties jointly during the marriage shall be presumed Marital Property, subject to proof to the contrary. The parties may by written agreement during the marriage convert Separate Property to Marital Property or vice versa. Title alone shall not be determinative of classification under this Agreement.

4. INCOME, MANAGEMENT AND CONTROL

Each party shall have the sole management, control and enjoyment of such party's Separate Property and the right to manage, control and dispose of Marital Property in accordance with mutual agreement. Income earned by a party from that party's Separate Property shall remain Separate Property unless commingled in a manner that evidences intent to treat such income as Marital Property.

5. DEBTS AND LIABILITIES

Debts incurred by a party prior to the marriage shall remain that party's sole obligation. Debts incurred jointly during the marriage shall be the joint obligation of both parties unless otherwise agreed in writing. Each party shall be responsible for that party's Separate Liabilities.

6. SPOUSAL SUPPORT

The parties agree as follows with respect to spousal support (alimony):

The parties waive any right to receive spousal support from the other party now and in the future, except as otherwise provided in this Agreement.

7. ESTATE RIGHTS

Each party may, by will, trust or other testamentary instrument, dispose of that party's Separate Property and may provide for distribution of any share of Marital Property that such party is permitted to transfer by law. Nothing in this Agreement shall prevent either party from making testamentary provisions inconsistent with this Agreement, but to the extent of any inconsistency, this Agreement shall govern the classification and disposition of property between the parties during their lives and upon death as to marital rights.

8. CHILDREN

The parties acknowledge that this Agreement does not and cannot adversely affect the rights of any child born to or adopted by the parties with respect to custody, visitation, or child support as determined by applicable law. The parties may set forth non-binding intentions with respect to parenting, which shall not be enforceable as to legal custody or support.

9. CONFIDENTIALITY

The parties agree to keep confidential the financial disclosures, schedules and negotiations related to this Agreement except where disclosure is required by law or necessary to enforce this Agreement. Neither party shall disclose the terms of this Agreement to third parties except for attorneys, accountants, financial advisors, lenders, or as required by a court of competent jurisdiction.

Parties agree to confidentiality obligations as stated above.

10. DISPUTE RESOLUTION

In the event of a dispute arising under this Agreement, the parties shall first attempt in good faith to resolve the matter through mediation. If mediation fails, the dispute shall be resolved by arbitration under the rules agreed by the parties, and the arbitrator's decision shall be final and binding, except where a party seeks relief that may only be granted by a court.

Parties agree to mandatory mediation followed by binding arbitration as described above.

11. 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 below or to such other address as a party may designate by notice.

12. AMENDMENTS AND WAIVER

This Agreement may be amended or revoked only by a written instrument executed by both parties. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom enforcement of the waiver is sought.

13. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the substantive laws of the state indicated below, without regard to its conflict of law principles.

14. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, representations and warranties, whether written or oral.

15. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable under applicable law, such provision shall be severed and the remainder of this Agreement shall remain in full force and effect. The parties agree to replace any invalid or unenforceable provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.

16. COUNTERPARTS AND EXECUTION

This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Signatures transmitted by electronic means shall be binding.

REPRESENTATIONS AND ACKNOWLEDGMENTS

Each party represents and warrants that:

(a) the party has read and understands this Agreement; (b) the party has had the opportunity to seek independent legal advice of the party's choice; (c) the party is entering into this Agreement voluntarily and without duress, coercion or undue influence; and (d) the information provided in any attached schedules or disclosures is true and complete to the best of the party's knowledge.

Sign Now