Fill and Sign the Prenuptial Marital Property Agreement Waiving Right to Elect to Take Against the Surviving Spouse Separate or Community Property Form

Prenuptial Marital Property Agreement Waiving right to Elect to Take Against the Will of Surviving Spouse (Separate or Community Property) This prenuptial agreement is made _______________________ (date) , between ______________________________________ (Husband) , an adult, who presently resides at _______________________________________________________________ ________________________________ (street address, city, county, state, zip code) , and _______________________________________ (Wife) , an adult, who presently resides at ______________________________________________________________________ ________________________ (street address, city, county, state, zip code) . Whereas, ____________________________________ (Husband) and ________________________________________ ( Wife) plan to marry one another on or about _______________________________ (date); 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. Property of Parties Each party to this Agreement owns property as follows: A. Personal Property of _______________________________ (Husband) ______________________________________ (Husband) owns personal property described as follows: Description Location Value _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ B. Personal Property of __________________________________ (Wife) _________________________________________ (Wife) owns personal property described as follows: Description Location Value _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ A. Real Property of __________________________________ (Husband) ______________________________________ (Husband) owns personal property described as follows: Description Location Value _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ B. Real Property of ______________________________________ (Wife) ________________________________________ (Wife) owns personal property described as follows: Description Location Value _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ II. Children by Prior Marriages Each of the parties has the following children by a previous marriage: A. Children of ___________________________________ (Husband) ___________________________________ (Husband) has the following children, living and deceased, by a previous marriage: Name Address Present Age _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ B. Children of ___________________________________ (Wife) _____________________________________ (Wife) has the following children, living and deceased, by a previous marriage: Name Address Present Age _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ _____________________________ _____________________________ ____________ III. Intent of Parties A. Setting Forth Property Rights The parties have the intent and desire to define and set forth the respective rights of each and the property of the other after their marriage. B. Support of ________________________________ (Wife) and Children ______________________________________ (Husband) intends and desires to provide adequately and fairly for ______________________________ , (Wife) and her children, ______________________________________________ __________________________________________________________________ _________________________________ ________________________________ _ (names of children) , as set forth hereinafter. C. Separate Property The parties intend and desire that all property owned respectively by each of them at the time of their marriage, and all property that may be acquired by each of them from any source during their marriage, shall be respectively their separate property, except as otherwise provided in this Agreement. IV. Properties Transferred A. Transfers of Real Property to ________________________ (Husband) Within _____ (number) days after their marriage, ___________________ _________________ (Husband) shall transfer or cause to be transferred to ____________________________________ , (Wife) to be owned and held by her as her separate property, the following real property: Description Location Value Encumbrances _______________________ ________________________ __________ _____________ _______________________ ________________________ __________ _____________ _______________________ ________________________ __________ _____________ B. Transfers of Personal Property to _________________________ (Wife) Within ____ (number) days after their marriage, ____________________ _______________ (Wife) shall transfer or cause to be transferred to ________________________________ , (Husband) to be owned and held by her as her separate property, the following personal property: Description Location Value Encumbrances _______________________ ________________________ __________ _____________ _______________________ ________________________ __________ _____________ _______________________ ________________________ __________ _____________ C. Transfers to Both Husband and Wife by _________________________ (Husband) Within _____ (number) days after their marriage, ___________________ ___________________ (Husband) shall cause to be transferred to himself and ___________ _______________________________ , (Wife) the following- described property, to be held by the parties as ____________________________ _____________________________________________ (e.g., tenants in common, joint tenants or their community property) : D. Transfers to Both Husband and Wife by _________________________ (Wife) Within _____ (number) days after their marriage, ___________________ ______________________ (Wife) shall cause to be transferred to herself and ______________ ____________________ , (Husband) the following-described property, to be held by the parties as ____________________________________ ________________________________________ (e.g., tenants in common, joint tenants or their community property) : V. Lump Sum Payment on Death of Husband If ____________________________ (Husband) dies while he and ___________ ________________________ (Wife) are married and living together as husband and wife, ____________________________ (Wife) shall receive from the estate of ________ ___________________________ (Husband) the lump sum of $__________ to do with as she pleases (or, shall receive from the estate of Husband ) the sum of $____________ per month for a period of ____months, or until such time as she shall remarry). Such money shall be used for the care and maintenance of _______________________ (Wife) and the care, maintenance, and education of any children resulting from her marriage to ______________________________ , (Husband) or any children of which she has lawful custody. VI. Waiver of Right to Elect to Take Against Will of Surviving Spouse Each of the parties desires to accord to the other the absolute and unrestricted privilege and power to dispose of any and all property on death which may belong to him or her at that time. _______________________________ ( Wife) clearly understands that if ____________________________________ (Husband) should predecease her, her statutory interest in the estate of __________________________ (Husband) would be greatly in excess of the provision made for her in this Agreement. __________________ ______________ (Wife) stipulates that she has been fully advised of this Agreement in its entirety by legal counsel of her own selection. Each of the parties forever waives, releases, and relinquishes any right or claim of any kind, character, or nature whatever that either may have or shall have in and to the estate, property, assets, or other effects of the other under any present or future law of _________________________________ ( state) or any other state or of the United States, except as otherwise specifically provided for in this Agreement or any subsequent agreement executed by the parties. Each of the parties forever waives, releases, and relinquishes any right or claim that he or she now has or may have or shall have, pursuant to the provisions of the _______________________________ ( cite applicable state statute) , as such sections now exist or may subsequently be amended, or pursuant to any present or future law of any state or of the United States to elect to take in contravention of the terms of any last will of the other, including any last will now executed or which later may be executed, or any disposition of property made by the other during his or her lifetime or otherwise. Each of the parties shall refrain from any action or proceeding that may tend to avoid or nullify to any extent or in any particular the terms of any such last will of the other. VII. Life Insurance Policies A. Change of Beneficiaries of Life Insurance Policies Within ____days after their marriage, _________________________ (Husband) shall cause to be changed the beneficiary of policies of insurance on his life, so that ________________________________ (Wife) shall be designated the sole and primary beneficiary of the following described policies of insurance: Insurance Policy Policy No. Type of Policy Face Amount of Policy _________________ ____________ ______________ _______________________ _________________ ____________ ______________ _______________________ _________________ ____________ ______________ _______________________ B. New Life Insurance Within days after their marriage, _____________________________ (Husband) shall, in addition to any life insurance policy referred to in Paragraph A of this Section, cause his life to be insured in the face amount of $____________ and shall have _________ _______________________ (Wife) named as the sole beneficiary of that policy. C. Maintenance of Insurance _____________________________ (Husband) , for the duration of the marriage of the parties, shall maintain in full force and effect the life insurance policies referred to in Paragraphs A and B of this Section, and shall not in any way encumber the policies of insurance. _______________________________ (Husband) shall provide in his will that the proceeds of the above-mentioned policies of insurance shall be received by ________________________________ ( Wife) free of all estate, inheritance, and death taxes. VIII. Status of Property A. Separate and Community Property All real and personal property owned by either of the parties at the time of their marriage, and all real and personal property that either may acquire from any source whatever during their marriage, shall be the parties' respective separate property, except as otherwise provided in this Agreement . (If property is to be community property : All real and personal property, wherever located, now owned or possessed by either of the parties, and all real and personal property that either of them may subsequently acquire from whatever source, shall be their community property). B. Management of Community Property If, at any time during the marriage of the parties, any community property that is subject to the sole management, control, and disposition of either of the parties is mixed or combined with community property that is subject to the sole management, control, and disposition of the other party, the combined property shall be subject to the sole management, control, and disposition of _____________________________ (Husband) . IX. Liability for Debts The debts contracted by each party prior to the marriage of the parties are to be paid by the party who shall have contracted the same, and the property of the other party shall not in any respect be liable for payment of those debts. X. Support of Children by Prior Marriage ________________________________ (Husband) , so long as he remains married to ____________________________________ (Wife) , shall provide a home and reasonable support for the care, maintenance, and education of the children of _________________________________ (Wife) by previous marriage as set forth in Paragraph B of Section II, and of his children by previous marriage as set forth in Paragraph A of Section II. Such support shall be provided until the children attain the age of ____years. XI. Execution of Instruments Each party shall cooperate fully in executing, acknowledging, and delivering any instruments required to accomplish the intent of and to effectuate this Agreement. XII. Effective Date This Agreement shall take effect on the date the marriage contemplated by the parties has been solemnized under the laws of ____________________________ (state) . This Agreement shall be without binding force until the marriage contemplated by the parties has been solemnized. XIII. Representation of Parties by Counsel The parties to this Agreement both stipulate that they, and each of them, were represented by legal counsel of their choice in the preparation of this Agreement; that they have read this Agreement and have had its contents explained to them, and to each of them, by such counsel; and that they fully understand the terms, provisions, and legal consequences of this Agreement. XIV. Death of ____________________________ (Husband) _________________________________ (Husband) will provide in his will, which he agrees to make, that if he dies during the marriage, ______________________ (Wife) is to receive as a bequest, free and clear of all estate, inheritance, and death taxes, the sum of $_______________. XV. Effect of Divorce, Separation, or Annulment The foregoing provisions of this Agreement, with the exception of the clauses contained in Section VI, shall be contingent on the parties not becoming divorced or separated by decree of a court of competent jurisdiction or separated by written agreement, and the marriage of the parties not becoming annulled. In the event of such divorce, separation, or annulment, each shall return and re-convey to the other any and all property that has come into his or her possession from the other by the force of this Agreement. XVI. 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 _______________________________ (Wife) I, __________________________________________ (name of attorney) , certify that I am a licensed attorney, admitted to practice law in __________________________ ( state) ; I have consulted with ______________________________ (Wife) , 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 _________________________ (Wife) 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 _____________________________________ (Husband) I, _____________________________________ (name of attorney) , certify that I am a licensed attorney, admitted to practice law in _______________________________ ( state) ; I have consulted with _______________________________ (Husband) , 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 _________________________ (Husband) , 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)