Fill and Sign the Massachusetts Massachusetts Prenuptial Premarital Agreement with Financial Statements Form

- 1 - PREMARITAL AGREEMENT READ BEFORE SIGNING: IMPORTANT NOTICE: EACH PARTY TO THIS AGREEMENT AGREES THAT THEY HAVE HAD AN OPPORTUNITY TO CONSULT WITH AN ATTORNEY OF THEIR CHOICE LICENSED TO PRACTI CE LAW IN THEIR STATE OF RESIDENCE (NOT THE SAME ATTORNEY) AN D THAT HAVE FULLY READ, UNDERSTAND AND AGREE TO THE TERMS OF TH IS AGREEMENT. EACH PARTY FURTHER AGREES THAT THEY ARE NOT ACTING UNDER DURESS OR UNDUE INFLUENCE IN EXECUTING THIS AGREEMENT AND THAT EXECUTION OF SAME IS DONE FREELY AND VOLUNTARIL Y. THIS AGREEMENT, made this ____ day of ________________, 20____ , between ___________________________ (Name), of ______________________________ (Address), _____________ (State) ("first party or Wife"), and _____________________ (Name), of ____________________________ (Address), _____________ (State) ("second party or Husband"), W I T N E S S E T H WHEREAS, Husband (check all that apply): has previously been married; has a child or children; has not been married; and Wife (check all that apply): has previously been married; has a child or children; has not been married. The parties desire to enter into this agreement pri or to their contemplated marriage. WHEREAS, the parties hereto have accumulated separ ate estates; and WHEREAS, the parties are about to contract marriag e and execute this agreement in contemplation of marriage to be effective upon thei r marriage in accordance with the laws of the State of Massachusetts, including any Uniform Premarital Agreement Act, or other applicable laws, adopted by the State of Massachusetts; and WHEREAS, the parties desire to enter into an agree ment regarding certain properties, responsibilities, duties and obligations including but not limited to any interest, present or future, - 2 - legal or equitable, vested or contingent, in real or personal property, including income and earnings; and WHEREAS, the parties have furnished each other with a financial statement which each party acknowledges is a full and complete disclosur e of substantially all of the real and personal property now owned by him or her and agree that the values are an estimate by him or her of the approximate present value of the property. All pro perty listed is now and shall continue to be separate properties of the respective parties. Ori ginals or copies of said financial statements are attached hereto as Exhibits "A" and "B"; and WHEREAS, the parties desire to express in writing their agreement that, except as hereinafter specifically provided, their marriage s hall not in any way change their rights, or the rights of their heirs (exclusive of the parties) or of their devisees or legatees, in the real and personal property owned or hereafter acquired by ea ch of the parties and that said rights shall be governed by the terms of this agreement; and NOW, THEREFORE, in consideration of the parties an d of their mutual promises and agreements, they agree one with the other as follow s: (1) Each of the parties shall have full control of his or her own separate property, real, personal and mixed, wherever the property is locate d. Each of the parties shall have and hereby is given the right to lease, sell, convey, mortgage or otherwise dispose of their separate property and receive all monies, rents, issues, income and profi ts thereof without any restrictions whatever and without interference from the other party. Each of the parties shall pay his or her own debts whenever contracted and in no case shall either party be held liable for the debts of the other parties in any way. (2) Except as otherwise expressly provided, each of th e parties hereby waives, relinquishes, conveys, quitclaims, bars, discharges , surrenders and releases, and hereby agrees to waive, relinquish, convey, quitclaim, bar, discharg e, surrender and release, to the other all of the fo llowing: (a) Any and all of his or her right, title and interest of every kin d and description, which he or she may have, acquire, enjoy or be seized by reason of, or on or after, their marriage, as the wife, husband, widow or widower of the other party, in the separate property of the other party, whether real, personal and mixed and wherever locat ed; and (b) Any and all rights to any property of the other par ty titled in that other parties sole name, whether before or after the marriage; and (c) Any and all property acquired by the other party by inheritance or other means; and (d) Any and all rights, if any, to all or a portion of the property of the other party whether by way of dower, courtesy, homestead, widow 's allowance, statutory share or provision, descent, community property inheritance, succession or otherwise; - 3 - (e) His or her right, if any, granted to or vested i n him or her, by statute or otherwise, to renounce, or to elect to take against, the provisio ns of the other party's will or any codicil thereto; a nd (f) His or her right, if any, granted to or vested in him or her by statute or otherwise to act as executor or administrator of the other party 's estate. Except as otherwise expressly provided, it is the i ntent of the parties that this paragraph shall be construed so that each party may deal with his or her property and any trust in which he or she may have an interest as if their marriage had n ot taken place, and on the death of either party his or her estate and any trust in which he or she may h ave an interest will be administered, descend and be distributed in exactly the same way and to t he same heirs, next of kin, devisees or legatees as if the other party had predeceased the party so dying. Nothing contained in this paragraph or in this agreement, however, is intended to preclude either party from voluntarily making provision for, or granting powers or rights to, the other party i n and by the formers last will, a codicil thereto o r otherwise. (3) (check One) The parties have each executed a Last Will and Test ament, copies of which are attached hereto as Exhibits and . Th e parties agree that these Wills are in conformity with the provisions of this agreement and as consideration for this agreement, each party does hereby waive any and all objection to the terms of the said Last Will and Testament of the other and each party agrees not to contest or renounce the terms of thereof. Likewise, each part y agrees not to contest or renounce any future Wills or Codicils, which are in conformity with the terms of this agreement. Initials if Selected: ______ _ ________ OR The parties shall not change their existing Will, if any, or make a new Will at this time, but any new Will executed shall be in conformance with the provisions of this agreement. Initials if Selected: ______ _ _________ (4) The fact that either party (without being obligate d to do so) may give, devise or bequeath to the other party property or an interest therein, or otherwise confer rights or powers on the other party, in trust or by gift or will, shall not be construed as a waiver of any provision here of or as evidence that there is or was an agreement or understanding between the parties other than as specifically expressed herein. (5) Each party agrees, on behalf of himself or herself and of his or her heirs, executors, administrators and assigns, that he, she or they, a t the request of the other party or the latter's heirs, executors, administrators and assigns (but at the c ost of the other party or his or her heirs, executors, administrators, and assigns), will make, do, execute, acknowledge and deliver any and all such further or other acts, deeds and instrumen ts as shall be appropriate, necessary or desirable to carry in effect the intent, purpose and provisio ns of this agreement without question or delay, - 4 - except that neither party shall be obliged to sign any mortgage, note, bond or other instrument which may subject him or her, or his or her estate and property, to personal liability. (6) In selling, assigning, granting, releasing, convey ing or otherwise dealing with the property of either party, the party whose property is being so dealt with shall be and hereby is constituted the other party's attorney- in-fact and as such shall have full power in the name of such other party or in the joint names of both parties t o join in the contemplated transaction and execute documents to effect it on behalf of such other part y, independently and without the consent or privity of such other party, to the same extent and as fully as if their marriage had not taken place. (7) During the course of the marriage, all property ac quired by each party in their own name shall be deemed to be part of their separate e state and by the terms hereof, each party hereby waives and relinquishes all claim to the separate estate of the other. Likewise, all property acquired during the marriage in the joint name of both parties shall be deemed to be part of their joint estates and thereby evidence their intent to grant the powe rs and rights to the parties as to said jointly owned property as is provided to spouses by operati on of law. (8) The parties agree that each party shall provide fo r the payment of their individual health care, convalescence and funeral expenses out of their separate estate so as not to be a financial burden on each other. (9) Despite any other provisions of this instrument, t his agreement shall not affect in any way the parties' rights, titles, powers, duties , discretions, immunities and interest in any property owned in joint tenancy or entirety with ri ghts of survivorship, which they may hereafter acquire. (10) To the extent permitted by law, this agreement sha ll govern the rights and obligations of the parties in the event of death of either or both parties, separation or divorce. In the event of divorce, the parties agree this agr eement shall be binding on both parties and shall be incorporated into any divorce decree. (11) Not applicable or The parties further agree that in the event of div orce, the following additional provisions shall apply notwith standing the other provisions of this agreement: (a) The Wife shall be entitled to receive property of H usband described as follows: [none or list property] (b) The Husband shall be entitled to receive property o f Wife described as follows: [none or list property] (c) The following property shall be sold and the proceeds, less e xpenses divided equally between the parties: [none or list property ] - 5 - (d) The Husband shall pay a lump sum settlement to Wife described as follows: [none or list property] (e) The Wife shall pay a lump sum settlement to Husband described as follows: [none or list property] ______ (f) The marital domicile shall be [occupied by Wife unt il her death or occupied by Husband until his death or sold and the proceeds divided equally between Husband and Wife.] (Choose an Option) (g) Both parties waive the right to alimony and propert y settlement, except as otherwise provided herein. (12) This agreement shall be controlled, construed and given effect by and under the laws of the State of Massachusetts. It is the inte nt of the parties that the Agreement be enforced to the fullest extent permissible under applicable law s and public policies. The invalidity, illegality, or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed i n all respects as if such invalid, illegal, or unenforceable provision had been omitted. (13) This Agreement constitutes the entire agreement be tween the parties pertaining to its subject matter and it supersedes all prior cont emporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment of this Ag reement shall be binding unless executed in writing by all partie s. (14) No waiver of any provision of this Agreement shall be deemed , or shall constitute, a waiver of any other provision, whether or not simil ar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. (15) This Agreement may be executed in any number of co pies, each of which shall be deemed an original and no other copy need be produc ed. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine , neuter, singular or plural as the identity of the person or persons may require. (16) This Agreement shall be binding upon the parties h ereto and upon their respective executors, administrators, legal representatives, s uccessors, and assigns. (17) This agreement may only be amended or revoked by w ritten amendment signed by both parties. - 6 - (18) Each party further agrees and affirms as follows: (a) That the party did execute the agreement volu ntarily; and (b) That this agreement is not unconscionable when it was executed; and (c) Both parties were provided prior to execution of this agreement a fair and reasonable disclosure of the property or financial obligations of the other party; (d) That he and she did have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party. The parties hereby execute this agreement in severa l counterparts, any executed copy of which shall be considered for all purposes as an or iginal, on the day and year above written. ____________________________ FIRST PARTY (“WIFE”) _____________________________ S ECOND PARTY (“HUSBAND”) Approved: Attorney for First Party: _________________________ __________ Attorney for Second Party: ________________________ _________ Note: This agreement must be executed before a not ary public. State of Massachusetts Co unty of _______________ _________________, 20 ____ Then personally appeared the above named _______________________________ (name of person(s)) and acknowledged the foregoing instrument to be his/her/their free act and deed. Before me. _______________________________ Notary Public/Justice of the Peace - 7 - State of Massachusetts County of _______________ _________________, 20 ____ Then personally appeared the above named _______________________________ (name of person(s)) and acknowledged the foregoing instrument to be his/her/their free act and deed. Before me. _______________________________ Notary Public/Justice of the Peace Financial Statement Disclosure Information This financial statement disclosure is for use in connection with a premarital agreement and should be completed accurately and completely. This statement should contain a full disclosure of all your assets and liabilities. You should initial each page and sign the last page. Your prospective spouse should also sign the last page acknowledging receipt. Both persons must complete a separate financial statement and provide it to the other party. Two forms are enclosed, one for each party. This form can be completed in Word or printed and completed by hand. If you require additional space, please attach additional pages for the sections you need to expand. Financial Statement page - 1 - Initials: _________ PERSONAL FINANCIAL DISCLOSURE STATEMENT ****************************************************** To: Date: Individual Information Name: Address: City: State: Zip Occupation: Phone: Current Assets Current Liabilities Cash on Hand or in Banks Notes Payable (Secured)(Schedule F) Other Cash: Notes Payable (Unsecured)(Schedule G) Real Estate (other than residence Schedule A) Real Estate Mortgages Payable (Schedule H) Residence Auto Loans (Schedule I) Motor Vehicles (Schedule B) Unpaid Taxes and Interest US Government Securities (Schedule C) Due to Brokers Non-Marketable Securities (Schedule D) Open Accounts Stocks (Schedule E) Credit Cards (List): Other Personal Property Visa Life Insurance Cash Value Business IRA Notes Receivable Other Assets: Other: Personal IRA Antiques Partnership Assets Residential Mortgage Total Liabilities TOTAL OF ALL ASSETS LESS TOTAL OF ALL LIABILITIES NET WORTH Total Assets Individual Income Information (Annual) Salary Bonus Commissions Dividends Rental Income Other Income (List): Total Income Contingent Liabilities Guarantor, Co-maker Lease or Contracts Legal Claims Other: Financial Statement page - 2 - Initials: _________ SCHEDULE “A” REAL ESTATE Description of Real Estate Cost Market Value Date Acquired Totals SCHEDULE “B ” MOTOR VEHICLES Description of Motor Vehicles Cost Value Totals SCHEDULE “C” U.S. GOVERNMENT SECURITIES Description of Stock or Bond Date Acquired Par Value Market Value Totals SCHEDULE “D” NON MARKETABLE SECURITIES Description Date Acquired Par Value Market Value Totals Financial Statement page - 3 - Initials: _________ SCHEDULE “E” STOCKS Company Shares Date Ac quired Par Value Market Value Totals SCHEDULE “F” NOTES PAYABLE SECURED Description Date Balance Payment (m/yr) Totals SCHEDULE “G” NOTES PAYABLE UNSECURED Description Date Balance Payment (m/yr) SCHEDULE “H” REAL ESTATE MORTGAGES Description Date Balance Payment (m/yr) Totals SCHEDULE “I” AUTO LOANS Description Date Balance Payment (m/yr) Totals Financial Statement page - 4 - Initials: _________ CERTIFICATION TO FINANCIAL STATEMENT I certify this Statement to be true and correct as of the date indicated; that this financial statement is a full and fair disclosure of my assets; and that I provided a true and correct copy of this financial statement to ___________________________________ on ___________________. _________________________________ Signature Date: ___________________________ I ___________________________________ acknowledge receipt of this financial statement and disclosure. ________________________________________ Signature Date: ___________________________________ Financial Statement page - 1 - Initials: _________ PERSONAL FINANCIAL DISCLOSURE STATEMENT ****************************************************** To: Date: Individual Information Name: Address: City: State: Zip Occupation: Phone: Current Assets Current Liabilities Cash on Hand or in Banks Notes Payable (Secured)(Schedule F) Other Cash: Notes Payable (Unsec ured)(Schedule G) Real Estate (other than residence Schedule A) Real Estate Mortgages Payable (Schedule H) Residence Auto Loans (Schedule I) Motor Vehicl es (Schedule B) Unpaid Taxes and Interest US Government Securities (Schedule C) Due to Brokers Non-Marketable Securities (Schedule D) Open Accounts Stocks (Schedule E) Credit Cards (List): Other Personal Property Visa Life Insurance Cash Value Business IRA Notes Receivable Other Assets: Other: Personal IRA Antiques Partnership Assets Residential Mortgage Total Liabilities TOTAL OF ALL ASSETS LESS TOTAL OF ALL LIABILITIES NET WORTH Total Assets Individual Income Information (Annual) Salary Bonus Commissions Dividends Rental Income Other Income (List) : Total Income Contingent Liabilities Guarantor, Co-maker Lease or Contracts Legal Claims Other: Financial Statement page - 2 - Initials: _________ SCHEDULE “A” REAL ESTATE Description of Real Estate Cost Market Value Date Acquired Totals SCHEDULE “B” MOTOR VEHICLES Description of Motor Vehicles Cost Value Totals SCHEDULE “C” U.S. GOVERNMENT SECURITIES Description of Stock or Bond Date Acquired Par Value Market Value Totals SCHEDULE “D” NON MARKETABLE SECURITIES Description Date Acquired Par Value Market Value Totals Financial Statement page - 3 - Initials: _________ SC HEDULE “E” STOCKS Company Shares Date Acquired Par Value Market Value Totals SCHEDULE “F” NOTES PAYABLE SECURED Description Date Balan ce Payment (m/yr) Totals SCHEDULE “G” NOTES PAYABLE UNSECURED Description Date Balance Payment (m/yr) SCHEDULE “H” REAL ESTATE MORTGAGES Description Date Balance Payment (m/yr) Totals SCHEDULE “I” AUTO LOANS Description Date Balance Payment (m/yr) Totals Financial Statement page - 4 - Initials: _________ CERTIFICATION TO FINANCIAL STATEMENT I certify this Statement to be true and correct as of the date indicated; that this financial statement is a full and fair disclosure of my assets; and that I provided a true and correct copy of this financial statement to ___________________________________ on ___________________. _________________________________ Signature Date: ___________________________ I ___________________________________ acknowledge receipt of this financial statement and disclosure. ________________________________________ Signature Date: ___________________________________