Prenuptial Agreement

PRENUPTIAL AGREEMENT

This Prenuptial Agreement ("Agreement") is made on between , currently residing at , born , (hereinafter "Party A"); and , currently residing at , born , (hereinafter "Party B").

RECITALS

WHEREAS, the parties contemplate legal marriage and desire to establish their respective rights and obligations in the event of separation, divorce, death or incapacity; and

WHEREAS, each party has made or will make a full and fair disclosure of his or her financial circumstances including assets, liabilities and income, and the parties desire to allocate and characterize property and debts as set forth herein; and

WHEREAS, the parties enter into this Agreement freely, voluntarily, and with full knowledge of its terms and legal effect and intend that this Agreement be enforceable as a contract and, where applicable, as a binding marital agreement under applicable law.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and other good and valuable consideration, the parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement: "Separate Property" means property owned by a party prior to the marriage, property acquired by gift or inheritance during the marriage and any property treated as separate by written agreement of the parties. "Marital Property" means property acquired by either or both parties during the marriage by purchase or exchange not otherwise identified as Separate Property. The characterization of property acquired in commingled form shall be determined by the documentary evidence of title, the parties' intent, source of funds and applicable law.

2. DISCLOSURE

Each party represents and warrants that he or she has made a full, accurate and complete written disclosure of his or her assets, liabilities and income as of the date of execution of this Agreement. Party A's written disclosure is attached as Schedule A and Party B's written disclosure is attached as Schedule B.

3. TREATMENT OF SEPARATE PROPERTY

Each party's Separate Property shall remain his or her sole and exclusive property, free from any claim by the other party. Income, rents, dividends, interest and other earnings derived from Separate Property shall remain Separate Property unless the parties expressly agree in writing to transmute such income to Marital Property. The party owning Separate Property shall have full authority to manage, control, sell, gift or otherwise dispose of such property without consent of the other party.

4. MARITAL PROPERTY; TITLE AND MANAGEMENT

Property acquired during the marriage shall be Marital Property unless expressly identified as Separate Property by written documentation or traced to Separate Property. Title to Marital Property shall be determined by the parties' intent and applicable law. Unless otherwise agreed in writing, both parties shall share in the management and control of Marital Property acquired in joint form; property titled in one party's name shall remain subject to this Agreement's classification rules.

5. DEBTS AND LIABILITIES

Debts incurred by a party prior to the marriage shall remain that party's Separate Liabilities. Debts incurred during the marriage for the joint benefit of the parties shall be shared in proportion to benefit or as otherwise agreed in writing. Each party agrees to indemnify and hold the other harmless from liabilities that are the sole obligation of the indemnifying party.

6. SPOUSAL SUPPORT

Except as otherwise provided in a signed written amendment to this Agreement, the parties agree that in the event of separation or dissolution of marriage, spousal support shall be determined as follows:

a) The parties may elect to waive spousal support and each hereby knowingly and voluntarily waives the right to receive spousal support from the other to the fullest extent permitted by law; OR

b) If spousal support is not waived, entitlement and amount shall be determined by agreement in writing or, failing agreement, by a court of competent jurisdiction in accordance with applicable law. Any waiver of spousal support is made with full knowledge of the consequences and after full financial disclosure.

I/We waive spousal support as described above.

7. ESTATE RIGHTS

To the maximum extent permitted by law, each party waives any right to an elective share, forced share, statutory allowance or other testamentary entitlement in the estate of the other, except as provided in a valid will or other testamentary instrument executed after the date of this Agreement. Nothing in this Agreement shall be construed to revoke or modify a will except where clear intent is stated in a written testamentary instrument.

8. INSURANCE; RETIREMENT BENEFITS

The parties may designate beneficiaries of life insurance, retirement accounts and similar instruments as they see fit. Designations made prior to or after execution of this Agreement shall control over inconsistent provisions hereof, unless the parties expressly agree otherwise in writing.

9. TAXES

The parties shall file income tax returns in a manner mutually agreed upon. Liability for taxes, interest and penalties attributable to Separate Property shall remain the responsibility of the owner of the Separate Property. Any allocation of refunds or liabilities shall follow the parties' written allocation or, absent agreement, the allocation required by applicable law.

10. REPRESENTATIONS AND WARRANTIES

Each party represents and warrants that: (a) he or she has read and understands the terms of this Agreement; (b) the execution of this Agreement is not induced by fraud, duress, undue influence or mistake; (c) he or she has had the opportunity to consult with independent legal counsel of his or her choice; and (d) all information provided in the attached schedules is true and complete to the best of his or her knowledge.

11. AMENDMENT AND REVOCATION

This Agreement may be amended or revoked only by a written instrument executed by both parties. Any oral modification shall be without force or effect. The parties acknowledge that they intend this Agreement to remain in full force and effect unless and until mutually amended or revoked in writing.

12. NOTICES

Notices required 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 in compliance with this section. Notice shall be effective upon receipt.

13. GOVERNING LAW; VENUE

This Agreement shall be governed by and construed in accordance with the laws of the state of , without regard to conflict of laws principles. Venue for any action to enforce or interpret this Agreement shall lie in the courts of the selected state.

14. WAIVER; SEVERABILITY; ENTIRE AGREEMENT

No waiver of any provision of this Agreement shall be effective unless in writing signed by the party against whom enforcement is sought. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements and understandings, whether written or oral.

15. COUNTERPARTS; ELECTRONIC SIGNATURES

This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Signatures transmitted by facsimile or electronic image shall have the same force and effect as original signatures.

16. ACKNOWLEDGMENT

Each party acknowledges that he or she: (a) has had the opportunity to seek independent legal advice; (b) fully understands the terms, consequences and binding nature of this Agreement; and (c) executes this Agreement voluntarily, without coercion, duress or undue influence.

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