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Write a prenuptial agreement

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Certainly! Below is an example of a **Prenuptial Agreement**. This agreement is formal, precise, and tailored for two parties entering into a marriage with the intention of setting forth the terms of asset division, financial obligations, and other important matters should the marriage end.

### **PRENUPTIAL AGREEMENT**

This **Prenuptial Agreement** (the “Agreement”) is made and entered into as of [Effective Date], by and between:

**Party A**: [Party A’s Full Name], residing at [Party A’s Address] (“Party A”),

and

**Party B**: [Party B’s Full Name], residing at [Party B’s Address] (“Party B”).

**RECITALS**

WHEREAS, the parties contemplate entering into marriage or a civil union and desire to establish the terms of their respective rights and obligations with respect to property, financial matters, and other matters that may arise during the course of their marriage or in the event of its dissolution;

WHEREAS, the parties are entering into this Agreement voluntarily, with full disclosure of their assets, liabilities, and financial circumstances, and with the intention to ensure a fair and equitable division of property and obligations should the marriage end;

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

### **1. SEPARATE PROPERTY**

1.1 **Definition of Separate Property**: The parties agree that any property acquired by each party before the marriage, including but not limited to real estate, personal property, investments, inheritances, or gifts (whether in the name of one or both parties), shall remain the separate property of the individual party who acquired it.

1.2 **Documentation of Separate Property**: Party A and Party B acknowledge that they have provided a full and fair disclosure of their separate property to each other, including the respective values of such property, and each party affirms that no additional property of substantial value has been omitted.

### **2. MARITAL PROPERTY**

2.1 **Marital Property Defined**: Any property acquired by the parties during the marriage, except for property acquired by gift or inheritance, shall be considered marital property and shall be subject to equitable distribution in the event of divorce or separation.

2.2 **Jointly Acquired Property**: Property purchased or acquired during the marriage, with the use of joint funds or jointly titled property, shall be considered marital property. This includes but is not limited to real property, bank accounts, investments, and personal property.

### **3. SPOUSAL SUPPORT**

3.1 **Waiver of Spousal Support**: In the event of a divorce or legal separation, neither party shall be entitled to spousal support, maintenance, or alimony, except as provided herein. Each party waives any claim for spousal support under applicable state law, subject to any exceptions that may be imposed by a court of competent jurisdiction.

3.2 **Modification of Waiver**: The waiver of spousal support may be modified by mutual written agreement or court order, particularly in cases of extreme hardship or other circumstances as determined by the Court.

### **4. DEBTS AND LIABILITIES**

4.1 **Separate Liabilities**: Each party shall be responsible for their respective debts incurred before the marriage. Debts in Party A’s name shall remain the responsibility of Party A, and debts in Party B’s name shall remain the responsibility of Party B.

4.2 **Joint Liabilities**: Any debts incurred during the marriage in both parties’ names shall be shared equally, unless otherwise agreed in writing by both parties.

### **5. INHERITANCES AND GIFTS**

5.1 **Gifts or Inheritances to One Party**: Any gifts or inheritances received by one party during the marriage shall be considered separate property, provided that such gifts or inheritances are clearly identified and maintained in the individual’s name.

### **6. DISPUTE RESOLUTION**

6.1 **Mediation and Arbitration**: In the event of a dispute arising from this Agreement or the dissolution of the marriage, the parties agree to first attempt mediation in good faith. If mediation is unsuccessful, the parties agree to submit to binding arbitration in accordance with the rules of [Arbitration Association/State-specific rules], with each party bearing their own costs.

### **7. FULL DISCLOSURE**

7.1 **Financial Disclosure**: Each party affirms that they have made a full and fair disclosure of their respective financial assets, liabilities, income, and expenses. Both parties acknowledge that this Agreement is being entered into based on this disclosure and that no material facts have been omitted.

### **8. GOVERNING LAW**

8.1 **Applicable Law**: This Agreement shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflicts of law principles.

### **9. AMENDMENT AND REVOCATION**

9.1 **Amendments**: This Agreement may be amended or modified only by a written agreement signed by both parties. Any amendment shall become effective only upon execution by both parties.

9.2 **Revocation**: This Agreement may be revoked at any time by mutual written consent of both parties, provided that such revocation is executed in writing and acknowledged by both parties.

### **10. SEVERABILITY**

10.1 **Severability**: If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from this Agreement, and the remainder of the Agreement shall remain in full force and effect.

**IN WITNESS WHEREOF**, the parties have executed this Prenuptial Agreement as of the date first written above.

**Party A**:
[Party A’s Name]
[Signature]
[Date]

**Party B**:
[Party B’s Name]
[Signature]
[Date]

### **Explanation of Key Terms:**

1. **Separate and Marital Property**: This section ensures that property acquired before the marriage remains with the individual who acquired it, while property acquired during the marriage is subject to division based on the terms outlined in the Agreement.
2. **Spousal Support**: The Agreement outlines the waiver of spousal support, though it also provides flexibility for future modification, especially in cases of hardship.
3. **Debt and Liabilities**: The division of debts is addressed, ensuring clarity on who is responsible for which debts.
4. **Dispute Resolution**: This provision specifies how disputes will be resolved, including the use of mediation and arbitration, which can be faster and less expensive than court litigation.

This **Prenuptial Agreement** serves as a clear and enforceable document to define the financial and property-related terms of the marriage, helping to prevent conflicts in the event of divorce or separation. It can be customized further depending on specific needs or circumstances of the parties involved.

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