This Prenuptial Agreement 2 specifies the financial terms and responsibilities between Partner 1 and Partner 2, detailing how assets, liabilities, and spousal support will be managed both during and after the marriage. It includes provisions for the division of joint assets, individual debt responsibilities, and conditions for spousal support, ensuring clarity and fairness. The agreement also outlines mechanisms for amendment, conflict resolution, and terms of termination, reinforcing its enforceability and adaptation to changing circumstances.

THIS AGREEMENT is made on [date], BETWEEN:

  • [partner1_name], residing at [partner1_address] (hereinafter referred to as “Partner 1”), AND
  • [partner2_name], residing at [partner2_address] (hereinafter referred to as “Partner 2”).

BACKGROUND: This Prenuptial Agreement outlines the terms and conditions agreed upon by Partner 1 and Partner 2 regarding the management of their financial assets and responsibilities both during and potentially after their marriage. It is intended to create a legally binding agreement between the parties to ensure that the financial aspects of their relationship are clearly understood and agreed upon prior to their marriage.

Financial Arrangements

  1. Assets and Liabilities Prior to Marriage: Each party agrees that their respective assets and liabilities prior to the marriage remain their separate property. However, any increase in the value of these assets during the marriage will be considered marital property and divided according to the percentages agreed upon below.
  2. Contribution to Joint Assets: All assets acquired during the marriage, whether jointly or individually, will be considered joint marital assets. Each party agrees to contribute to these assets based on a predetermined percentage of their respective incomes or as specifically agreed upon:
    • Partner 1 Contribution: [%_contribution_partner1]%
    • Partner 2 Contribution: [%_contribution_partner2]%
  3. Management of Joint Finances: Both parties will participate in the management of joint finances, including investment decisions, savings, and major purchases, in accordance with their respective contribution percentages.
  4. Division upon Dissolution of Marriage: In the event of a divorce or dissolution of the marriage, all marital assets and liabilities will be divided in accordance with the contribution percentages specified, unless otherwise agreed upon at that time.
  5. Debt Responsibility: Each party is responsible for any debts they individually incur during the marriage that are not directly related to joint expenses or investments. Debts for joint expenses will be shared proportionally according to the contribution percentages.
  6. Financial Disclosure: Each party agrees to fully disclose their financial status annually to maintain transparency and ensure equitable management of joint financial responsibilities.

Spousal Support

  1. During Marriage: Both parties agree that no spousal support shall be owed to one another during the duration of the marriage unless otherwise agreed upon in a written amendment to this agreement.
  2. Upon Dissolution of Marriage: In the event of a divorce or dissolution of the marriage:
    • Waiver of Rights: Both parties hereby waive their rights to spousal support from one another, regardless of the circumstances leading to the dissolution of the marriage.
    • Exceptions: This waiver does not apply if the marriage lasts longer than [minimum_duration_for_support] years, or in the case of significant financial disparity caused by unforeseen circumstances where one party becomes unable to self-support.
    • Cap and Duration: If spousal support is deemed necessary by the court despite the waiver, both parties agree that the support shall not exceed [maximum_support_amount] per month and shall last no longer than [support_duration_limit] years.
  3. Modification: Conditions of spousal support may be revisited and modified by mutual agreement of both parties in response to significant changes in circumstances such as disability, a significant increase or decrease in income, or other factors that impact the financial stability of the parties.

Property Rights Upon Death

  1. Inheritance of Separate Property: Each party agrees that upon the death of one partner, their separate property acquired before and during the marriage shall be inherited according to their will or, in the absence of a will, according to the laws of inheritance of the jurisdiction in which they reside.
  2. Survivor’s Rights to Joint Property: In the event of the death of one partner, the surviving partner shall retain their percentage of ownership in all joint marital assets. The remainder of the deceased partner’s share in the joint assets will be distributed according to their will or, if no will exists, by the statutory laws of inheritance.
  3. Life Insurance: Each party agrees to maintain a life insurance policy naming the other party as a beneficiary for at least the duration of the marriage, to provide financial security in case of untimely death.
  4. Right to Remain in Marital Home: The surviving partner shall have the right to remain in the marital home for a period of at least [#_months] months following the other partner’s death, provided that they continue to pay the necessary expenses associated with the home.

Amendment and Review

  1. Regular Review: The parties agree to review this Agreement every [Number] years to ensure that it continues to reflect their wishes and circumstances. This review may lead to adjustments in the contribution percentages or other terms based on changes in financial status, responsibilities, or changes in family structure such as the birth of a child.
  2. Amendment Process: Any amendments to this Agreement must be made in writing and signed by both parties. All amendments should be made with the consultation of legal advisors to ensure that they are legally binding and reflect the current intentions of both parties.
  3. Flexibility for Unforeseen Circumstances: The parties acknowledge that unforeseen circumstances may arise that are not covered under this Agreement. In such cases, the parties commit to discuss and negotiate in good faith any necessary adjustments to the Agreement to adequately address these new circumstances.
  4. Enforceability: Any amendments made to this Agreement will be attached as addenda and will be considered as legally enforceable as the original Agreement.

Infidelity 

  1. Definition of Infidelity: For the purposes of this Agreement, infidelity shall be defined as any sexual relationship or romantic involvement that violates the agreed terms of exclusivity between the parties.
  2. Consequences of Infidelity:
    • Financial Compensation: Upon proven infidelity, the non-breaching party is entitled to a predetermined sum of financial compensation from the breaching party. The agreed sum shall be $[specified_amount] payable within [specified_time_period] days of the proven infidelity claim.
    • Adjustment of Property Rights: Additionally, the non-breaching party will receive full ownership rights of the marital home or a higher percentage of the jointly held assets as specified in this clause.
  3. Proof and Procedure: Claims of infidelity must be supported by clear and convincing evidence, and the accused party shall have the right to refute the claims through a fair process.

Termination of Agreement

  1. Duration and Effectiveness: This Agreement shall take effect upon the marriage of the parties and will remain in effect until terminated by mutual consent of both parties or by dissolution of the marriage as determined by a court of competent jurisdiction.
  2. Automatic Termination: This Agreement will automatically terminate upon the death of either party or in the event of a legal separation or divorce unless otherwise specified in this Agreement.
  3. Modification of Terms upon Divorce: If not terminated earlier, specific provisions of this Agreement, particularly those relating to the division of marital assets and debts, may be modified by a court in the event of a divorce to ensure fairness and compliance with the law.

Conflict Resolution

  1. Negotiation: In the event of a disagreement or dispute arising from this Agreement, both parties agree to first attempt to resolve the issue through direct negotiation. They commit to discussing the problem in good faith and seeking a mutually acceptable solution.
  2. Mediation: If negotiation does not successfully resolve the dispute, the parties agree to engage in mediation with a qualified mediator before pursuing any further legal action. Each party will bear their own costs of mediation, and the mediator’s fees will be shared equally between them.
  3. Legal Remedies: Only after the above steps have been exhausted without resolving the conflict may either party seek legal remedies through the courts. The prevailing party in any such legal proceedings has the right to seek reimbursement for reasonable legal fees from the other party.

Severability

  1. Validity of Remaining Provisions: If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the other provisions of this Agreement, which shall remain in full force and effect.
  2. Adjustment of Invalid Provisions: In the event that any provision is deemed invalid or unenforceable, the parties agree to negotiate in good faith to amend such provision in a manner that makes it valid and enforceable and achieves the intent of the original provision to the greatest extent possible under the law.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of [governing_state], without regard to its conflict of law provisions. Both parties agree that any legal action or proceeding concerning the validity, interpretation, or enforcement of this agreement, or any of its terms, shall be brought only in the federal or state courts located in [jurisdiction], and each party consents to the jurisdiction of such courts.

IN WITNESS WHEREOF, the Parties have executed this Prenuptial Agreement as of the date first above written. Each Party warrants that their respective signatory has the authority to enter into this Agreement. This Agreement has been executed in two counterparts, each of which shall be deemed an original, and both of which together shall constitute one and the same instrument. Each party acknowledges receipt of one executed counterpart.

PARTNER 1: 

Name: [partner1_name]

Signature: _______________________ 

Date: [partner1_signing_date]

PARTNER 2: 

Name: [partner2_name]

Signature: _______________________ 

Date: [partner2_signing_date]