Fill and Sign the Wording in Your Prenuptial Agreement is Criticalanderson 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 PRACTICE LAW IN THEIR STATE OF RESIDENCE (NOT THE SAME ATTORNEY) AND THAT HAVE FULLY READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS 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 VOLUNTARILY. 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 prior to their contemplated marriage. WHEREAS, the parties hereto have accumulated separate estates; and WHEREAS, the parties are about to contract marriage and execute this agreement in contemplation of marriage to be effective upon their marriage in accordance with the laws of the State of Virginia, including any Uniform Premarital Agreement Act, or other applicable laws, adopted by the State of Virginia; and WHEREAS, the parties desire to enter into an agreement regarding certain properties, responsibilities, duties and obligations including but not limited to any interest, present or future,
(name), (state), (party's last) . The first or husband and first wife, as the case may be, hereby agree as follows: 1. That upon the death of the first party or wife, as the case may be, the surviving spouse shall be the sole decision-maker as to the property, liabilities, obligations, rights and interests of the first party or wife, as the case may be, including: but not limited to: the disposition and distribution of the marriage estate (defined in §(1)(b)(vi)); .................................................................................................................................................................................................................................................... (vii) [property of deceased; will and living trust and will-makers may be executed by first spouse at any time after the death of first spouse if executed by or through a legal entity that provides fiduciary services. — see definition in § ] a. Property of deceased; or estate; and .................................................................................................................................................................................................................................................................................................................. (viii) [tobacco, alcohol, prescription drug or controlled substances, living trust and living trust-makers may be executed by first spouse at any time after the death of first spouse if executed by or through a legal entity that provides fiduciary services. — see definition in § ] b. Any interest in partnership interests and business trust and business trust-makers, whether held by any person other than one of the first spouses other than in trust for the first spouse and whether held in trust for the first spouse alone or jointly with one or more other persons, and whether described in an instrument or by operation of law. Any trust and business trust-maker may be executed with or without the designation of any other person, but the first spouse may not have more than 50 per cent of the interest or the value of any interest therein. The will of any member of the first spouses is not a binding substitute for the will of one of the first spouses if executed after the death and before the entry of the will of the other spouse. However, if the will of the member of the first spouses is not a binding substitute for the other will, the surviving spouse who is the executor of the first spouse's estate may execute the surviving spouse's will. C. Any life insurance policy, annuity or insurance contract or policy issued by an employer or insurer and payable to any member of the first spouses or by any member of the first spouse's estate (if an employee) or to any other person shall.