Prenuptial Property Agreement

Prenuptial Property Agreement

This Prenuptial Property Agreement is made this the day of , 20 , between , of , , hereinafter called Prospective Husband, and of hereinafter called Prospective Wife;

This Agreement is made in consideration of the contemplated marriage of the parties and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged;

1. 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 in the property of the other after their marriage.

B. 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.

C. Support of Prospective Wife and Children. Prospective Husband intends and desires to provide adequately and fairly for the support of Prospective Wife.

2. Protection of Parties. The parties to this Agreement own property as follows:

A. Prospective Husband's Personal Property. Prospective Husband owns personal property described as follows:

B. Prospective Husband's Real Property. Prospective Husband owns real property described as follows:

C. Prospective Wife's Personal Property. Prospective Wife owns personal property described as follows:

D. Prospective Wife's Real Property. Prospective Wife owns real property described as follows:

3. Status of Separate 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 their respective separate property, except as otherwise provided.

4. Properties Transferred.

A. Transfer of Real Property to Prospective Wife. Within days after their marriage, Prospective Husband shall transfer or cause to be transferred to Prospective Wife, to be owned and held by her as her separate property, the following real property:

B. Transfer of Personal Property to Prospective Wife. Within days after their marriage, Prospective Husband shall cause to be transferred to Prospective Wife, to be owned and held by her as her separate property, the following personal property:

5. Life Insurance Policies. During the continuance of their marriage, agrees to provide life insurance coverage on his life with a death benefit payable to $ . The life insurance may be a policy provided by the employer of or a policy purchased by in his discretion; provided, however, that any premiums on such a policy shall be paid out of the separate property of . acknowledges that the policies are to be and remain the separate property of .

6. Liability for Debts. The debts contracted by each party prior to their marriage are to be paid by the party who shall have contracted the debts, and the property of the other party shall not in any respect be liable for their payment.

7. Effective Date. This Agreement shall take effect on the date the marriage contemplated by the parties has been solemnized under the laws of .

8. Death of Prospective Husband during Marriage. Prospective Husband will provide in his will, which he agrees by this document to make, that, in the event of his death during the marriage, Prospective Wife is to receive as a bequest, free and clear of all estate, inheritance, and death taxes, $ .

9. Severability. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.

10. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

11. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

12. Notices. Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

13. Attorney’s Fees. In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees.

14. Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to the contrary, 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.

15. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

16. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

17. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.

WITNESS our signatures as of the day and date first above stated.