This Prenuptial Agreement outlines the financial arrangements and responsibilities between Partner 1 and Partner 2, safeguarding their individual assets and defining management of joint assets during and potentially after their marriage. The agreement includes provisions for managing debts, contributions to living expenses, and consequences of infidelity, ensuring transparency and agreed-upon terms prior to marriage. It also details the mechanisms for dispute resolution and specifies the governing laws, aiming for a clear, fair handling of any disagreements or dissolution of the marriage.

PRENUPTIAL AGREEMENT

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. Separate Property: Each party agrees that their respective assets and debts owned prior to the marriage will remain their separate property and will not be subject to division in the event of a divorce.
  2. Management of Joint Assets: Any assets acquired jointly during the marriage will be managed jointly by both parties. Decisions regarding the sale, management, or distribution of these assets will require mutual consent.
  3. Living Expenses: Both parties will contribute to joint living expenses, including but not limited to housing, utilities, and food, according to a proportion agreed upon by both parties.
  4. Debt: Any debts incurred by either party during the marriage for non-essential or personal expenses will be the responsibility of the individual who incurred the debt.
  5. Savings and Investments: The parties agree to jointly contribute to savings and investment accounts, the specifics of which will be determined and documented separately.
  6. Financial Disclosure: Each party agrees to fully disclose their financial situation to the other before the signing of this agreement. This includes all assets, debts, income, and expenses.

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.
  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.

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: ________________________ 

Signature: _______________________ 

Date: __________________________

PARTNER 2: 

Name: ________________________ 

Signature: _______________________ 

Date: __________________________