Sample Premarital/Prenuptial Agreement
Deciding whether to sign a prenuptial agreement can be one of the most difficult decisions engaged people face. It feels like a stressor during what is supposed to be a romantic time. Creating the agreement, however, doesn't have to be hard, and it can be the first of many instances during which a couple must work together to agree on how they want their marriage to work.
Can a Prenuptial Agreement Help You?
A premarital agreement can address more than just the financial aspects of marriage. They are not just for celebrities and the super wealthy. Prenups can cover mundane details like decision-making and responsibility sharing to which the parties agree in advance. Simply put, almost anyone contemplating marriage can benefit from a prenuptial arrangement — provided that it is properly written. If not, the agreement will be invalid.
It is best to have a skilled family law attorney draft and/or review your prenuptial agreement to make sure it is enforceable in court.
What the Agreement Might Look Like
Important Note: The following form is intended for illustrative purposes only. You and your family law attorney can use this sample as a guide in discussing the issues raised below, determining your wishes, and drafting a prenuptial agreement that best protects your interests.
Your situation is unique and the below provisions may or may not be appropriate for your case. A family law attorney who understands your goals, situation, and the state laws in effect where you live can provide an appropriate and enforceable prenuptial agreement.
________________________________________, hereinafter referred to as Prospective Spouse 1, and _______________________________________, hereinafter referred to as Prospective Spouse 2, hereby agree on this _____ day of ________________, in the year ______, as follows:
I HAVE READ THE ABOVE AGREEMENT, I HAVE TAKEN TIME TO CONSIDER ITS IMPLICATIONS, I FULLY UNDERSTAND ITS CONTENTS, I AGREE TO ITS TERMS, AND I VOLUNTARILY SUBMIT TO ITS EXECUTION.
|_______________________________Prospective Spouse 1||
_______________________________Prospective Spouse 2
Have an Attorney Help You With Your Premarital Agreement
Prenuptial agreements are not one-size-fits-all. You should be sure to discuss and understand each provision and agree to what it means before signing any agreement. Depend on the advice from your own trusted family law attorney to ensure such understanding.
Marriage and divorce laws are changing constantly. Your lawyer can help clarify the local laws and changes that are relevant to your best interests. Find the right family law attorney near you for some peace of mind during what is, at the core, a joyful time in your life and the life of your partner.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.