Prenuptial Agreement Template

What is a prenuptial agreement?

A prenuptial agreement is a legal binding between two people in a marriage, in an engagement, in a civil union or contract on how assets are supposed to be distributed in case the relationship comes to an end. This agreement also has terms of forfeiture in case one partner in the relationship commits adultery.

Prenuptial agreements’ functions vary depending on the country of origin. There are some countries that allow for the agreement to protect some properties in the marriage in case the couple becomes bankrupt. Prenuptial agreements however carry out the same purpose no matter the limitations or advantages bestowed on them.

Looking for prenuptial agreement templates or samples? Download here …

I have put together 10 templates and samples I found online. Some of them, you can edit yourself, other you can copy. Either way, you should consult with a lawyer before using them:

–>> Download Prenuptial Agreement Templates HERE <<–

Also, make sure you read the rest of this page, because I am going to explain how to use those templates and most important, how to recognize a template that you can use, what elements it absolutely MUST contain, in order for it to be a viable document.

A prenup doesn’t last forever …

A prenuptial agreement is valid for a given period of time. In many countries where they are used, they are referred to as ‘sunset‘ clauses because of the time frame. The clauses are different in every state. If the sunset clause is not taken care of and it becomes ignored, then this agreement becomes null and void and it can not be used in any legal case. To many couples, this agreement ceases to be functional every time they have a child. This is because the child represents the true heir to the property which the agreement seeks to safeguard.

What you need first …

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Prenuptial Agreement first …

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When making a prenuptial agreement, there are certain conditions that have to be met first. First of all, the parties have to be entering the agreement out of their own free will free from any pressure or undue influence and even any other factors that would make the contract look forced.

This means that the people involved in the contract have to be part of it due to their own free will. It is advised that every party takes legal advice before committing themselves with the contract so as to be fully aware of the legal implications as a result of being part and parcel of the agreement.

The parties must also have full knowledge of the material facts which means that every thing should be disclosed in a frank manner. In many countries like the U.S, a prenuptial agreement has to meet some agreements for it to be binding. One thing is that they must be on paper. Oral agreements are not accepted in any case. The signing of the agreement has also to be written out of free will (just like we discussed above) before a witness. Another thing is that the agreement can fail to work if one partner refuses to disclose anything important and gets into the marriage. Lastly, the agreement has to be morally and ethically unquestionable.

What to look out for in a prenup agreement template?

A good prenuptial agreement template must cover all the above mentioned factors and points. These templates are available online for everyone who wants to use them to download. It makes sure that all details regarding to property of both bride and groom is highly highly prominent.

Most of them are usually created using MS Word and therefore being very easy for everyone to use. Whenever a couple wants to look for a prenuptial agreement template to use, it is important that they take into consideration a few factors. One factor is the information in the template. The template has to by all means cover all the relevant information that they want covered without leaving anything out. Another thing is the format the agreement is written in. It should give room for the necessary things like signing which involves more than one signature. It should also provide spaces for other equally important activities as well like the advocate stamp where the agreement is sealed and so on.

If the couple look carefully at all the above factors, then they are bound to have a very good relationship which is highly safeguarded by the prenuptial agreement template. Many websites which offer these templates offer the person downloading them with the privilege to edit and customize the prenuptial agreement template.

This is good as it ensures that every detail that is needed is added whether the original template had it or not. Because the prenuptial agreement template is geared towards saving the couple from possible disputes, it should be handled very carefully and all efforts being made to ensure that it is always kept safe. The couple should also make sure that there are numerous copies for both of them to have.

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Watch what other people are saying about Prenuptial Agreements …

A prenuptial agreement, also commonly referred to simply as a prenupt or prenup, is a legally binding agreement that is entered to by parties looking forward to marriage before the marriage actually takes place. It is an agreement in which the two parties, the prospective husband and wife, agree on the terms of the dissolution of their marriage in the event of a divorce.

While signing a prenup may seem to be dilute the ideas that marriage stand for by foreseeing an end to the same, it still remains important given the fact that the number of divorces that are recorded every year keeps increasing.

It should be pointed out that while a prenuptial agreement is essentially a legal agreement, it is not compulsory for either party to be represented by a lawyer in the preparation and signing of the agreement. Provided all of the legal requirements of the prenup are fulfilled, then it remains legally binding to both parties with or without the presence of a lawyer.

In case you intend to get a prenup and you wish to do it yourself, then you may consider looking at samples of previous prenups to get a better idea of what you should make. There are very many of these available online.

While it is possible to draw up a binding prenup on your own without the use of a lawyer, it should be noted that it is in your best interest to get the services of a qualified lawyer in doing so if you can afford it as the lawyer is more likely to be familiar with the legal requirements that are involved.

What are the legal requirements for a valid prenuptial agreement?

The legal requirements for a valid prenuptial agreement tend to differ from country to country. However, for all the countries where the prenuptial agreements are recognized and upheld, there are a number of general guidelines which serve as general guidelines for the validity of a prenup to be upheld. In the United States, the following are the legal requirements for the validity of a prenuptial agreement;

1. - The prenup has to be written down. An oral prenup is normally not enforced
2. - The execution of the prenuptial agreement has to be voluntary
3. - It must not be unconscionable
4. - All parties have to make full and fair disclosures when executing the agreement
5. - Both parties must physically sign the agreement. The signing process has to be conducted in the presence of a notary public such as a magistrate.

Besides the above legal requirements for a prenuptial agreement to become valid, there are a number of additional details that one should pay close attention to when preparing a prenup. One such area is the issue of division of wealth and the custody of children in the event of divorce. While the former is bound to be upheld in practically every state, the subject of children’s custody is normally decided on the merit of the case at the time and not according to any propositions in the prenup.

Generally a prenup, if well prepared, can help one avoid many problems that are likely to crop up in future. As mentioned before, the best solution to getting the ideal prenup is by hiring the services of a qualified lawyer to help you with the same.

Are you wondering what a prenuptial agreement is and how to write a prenuptial agreement?

A prenuptial agreement has become a part of just about every other wedding these days. The division of the couples’ assets in case of divorce or death is explained in this legal agreement.

Couples who wish to discuss their feelings and thoughts about marriage often draft it, while it is even considered as a pre-negotiated divorce contract.

What Must a Valid Prenuptial Agreement Contain?

Opportunities associated with a relationship, whether long term or daily activities, can both be included in it. If the couples are unsure about the goals of marriage it helps them in understanding them better. In long term conditions, death or divorce is taken into consideration with the inclusion of factors like child support, custody of child and spouse support.

A complete and fair disclosure of every asset of both parties must be contained in a prenuptial agreement. Along with this, details of how the assets will be distributed, in case of divorce, separation or the death of either party, must also be contained in a prenuptial contract. The prenuptial agreement must be agreed by both parties in order to be valid.

In simple words, exorbitant benefits or penalties for both parties must be contained in this agreement for it to valid.

How to Write a Prenuptial Agreement?

If you want to get all your wishes and right fulfilled if you ever separate with your spouse then the best option is to draft a prenuptial agreement. Usually this contract explains everything related to the division of assets and property, so unnecessary arguments between you and your spouse can be avoided during separation.

At any time prior to your wedding you can opt to draft it and you can also choose when you would like it to be prepared. To ensure that you get enough time to decide the terms which would be included, you take enough time before drafting it. Make sure that nothing is ever left uncovered during drafting.

Following is the process you can follow to write a prenuptial agreement for your wedding.

1. You should start by stating your name, then name of your spouse and the date of your marriage.
2. List the assets, income and liabilities of you and your spouse.
3. Specify a description of premarital debt payments and property distribution.
4. Your prenuptial agreement should also state who will own the current residence after divorce or separation.
5. You should seek your own legal counsel.
6. Finally, you will simply have to sign the prepared prenuptial agreement and make sure two witnesses are present.

If your or your partner decides not to reveal their assets then a prenuptial contract can get invalid. If you feel that you are not comfortable with your partner finding out about any possessions you might have then there is no use in preparing this document. This document is merely for the betterment of a relationship and as long as the two partners agree to it, this document can also be modified or cancelled as well. So, this is everything that you need to consider if you are curious about how to write a prenuptial agreement.

Studies have shown that about 33% of all marriages in the US end up in divorce. In some states, the divorce rate is as high as 51%. Though once frowned upon, the celebrity culture has de-stigmatized the signing of prenuptial agreements before a wedding. In fact, one of the most talked about couples of year 2011, Prince William and Kate Middleton, had to sign a prenuptial agreement before their wedding. Most countries recognize do it yourself prenuptial agreement as well as those written by lawyers. However, for a DIY prenuptial agreement to be valid or serve its purpose, it needs to capture the some important points, that will be explained briefly below. Also, if you’re looking for a Prenuptial Agreement Template, please refer to our homepage after you read this.

Before learning what to include in a prenuptial agreement, is it important to know which pre-marriage situations would, more than others, need to have such an agreement. One is when one of the partners is coming into the marriage with a lot of debt. The other is when the man or lady is vastly wealthy. To protect inheritance, you need to sign a prenuptial agreement. Often after marriage, the wife opts to stay at home and take care of the children. To protect her interests in case the marriage is dissolved, a prenuptial agreement is important.

The first step in writing DIY prenuptial agreement openly talk about it with your partner. If it is to be valid, both partners need to be of sound mind. None of the two persons should have an advantage in drafting the agreement. For example, if one of the partners is a lawyer, the agreement would not be valid if the other partner is not. The agreement is also invalid or open to contention if one partner has a vastly inferior academic background.

To be valid the two need to list all their assets that include: shares, cash in banks, properties, businesses among others. Another list needs to be made to include all liabilities such as bank overdrafts, credit cards, loans and debts. With regard to the prenuptial assets and liabilities, it needs to be clear on how they would be shared or not shared in case of divorce. Furthermore, it needs to set out how postnuptially acquired assets and liabilities would be shared. The agreement need to have a place to sign and a date. At the time of signing the papers, witnesses should oversee and sign to make it valid.

An agreement written by a lawyer has the advantage of being more thorough as it is written by an expert. Furthermore, since the attorney is an independent observer, he or she is likely to see things more clearly than the two partners who could be blinded by love. On the other hand, a do it yourself prenuptial agreement gives closure to the couple. It is also cheaper and adds the feeling of trust between the partners.

It is estimated that about 98.1% of contentious issues at point of divorce would not be if a prenuptial agreement was available. Furthermore, divorces would be cheaper and less time would be spent in courts. However, before opting for a do it yourself prenuptial agreement, the couple needs to acquaint itself with local divorce and marriage laws.

A Prenuptial Agreement is a legally binding contract entered into between two people who are planning to get married.  This type of agreement becomes effective as soon as the marriage takes place, sets out various expectations of each party throughout the relationship and specifies what happens if the relationship comes to an end.

Now that you have a basic understanding of what a Prenuptial Agreement is, why should you enter into one?  If you have corporate interests or business interests, are expecting a large inheritance, or you would prefer to keep all assets and debts of each person separate, then you should consider entering into a Prenuptial Agreement.  These agreements also set out how property will be divided (that you acquire together), if there are any support obligations in the future and ownership of various assets.  When a relationship is in the beginning stages, both parties are much more likely to be amicable and reasonable.  This is why it is the best time to negotiate an agreement of this nature.  The agreement will clearly define rights and obligations and what will take place in the event that the relationship fails.

Pros of having a Prenuptial Agreement:

1.  Each party is able to protect their assets and separate themselves from being responsible for the other’s debt.

2. You will each know exactly what to expect from the other throughout the relationship.

3. If you owned a home or other significant property before meeting your spouse, this agreement defines the fact that these are your assets, and not a family asset.

Cons of having a Prenuptial Agreement:

1. This is not the most romantic gift that you can give to each other.  You are basically preparing for the failure of your relationship, and it can be offensive if you are not both on the same page and in agreement with the terms of the document.

2. Not all jurisdictions will honor this kind of contract, even if you have both had independent legal advice.  In certain cases where children are involved, or your spouse did not work because they stayed home to care for the children, the Courts may disregard a Prenuptial Agreement.  If one party has suffered a significant economic disadvantage throughout the relationship, the Courts may order reapportionment of assets.

3. It can be an expensive process to negotiate the terms of an agreement that is amicable and agreeable to both parties involved.  You will need to each hire a lawyer and get the proper legal advice to ensure you have a valid and binding agreement that is fair to both parties.

Here’s a video that might explain things better for you:

If you’re looking for a good prenuptial agreement template, click on the link.

Times have certainly changed and plenty of people are exploring the possibility of entering into a Prenuptial Agreement to protect themselves.  If you are both on the same page, and have a full and complete understanding of the contract you are entering into together, then there should really be no specific issues with having the Agreement in place.  It is when one person is taken by surprise and approached a few short weeks before a wedding that problems may arise.  If you plan to have a Prenuptial Agreement in place, take the time to have an honest and frank discussion with your future partner.  Explain to them why you want to have such an agreement in place and make sure that they understand how the terms you want to agree to.  They should have the opportunity to seek legal advice and have any agreement you propose explained to them.  You should plan to have your agreement drafted and signed well in advance of your wedding to avoid any delays.