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XV
PRE-NUPTIAL AGREEMENT
PRE-NUPTIAL AGREEMENT
THIS PRE-NUPTIAL AGREEMENT ("Agreement") is made
and executed this date of ________________, by [Husband-To-Be], the
husband-to be ("Husband") and [Wife-To-Be], the wife-to-be,
("Wife"). Both the Husband and Wife together may be referred to
herein as the "Parties", and either one of them alone may be
referred to as a "Party" or "Spouse".
The Parties plan to get married in the very near future, after the
signing of this document. They both wish to set forth certain
matters regarding their property and other financial matters
concerning their upcoming marriage in order to remove any doubts,
questions, or stress regarding these matters, and to eliminate
contention among their heirs. The terms set forth herein constitute
the Agreement of the Parties, which may change the normal operation
of law in the event of death or a termination of the marriage during
the lifetime of the Parties. This Agreement limits or eliminates the
rights of a Spouse in and to the property and income of the other
Spouse, according to the terms set forth herein.
Each of the Parties hereby agrees to accept and carry out the terms
of this Agreement in full and complete satisfaction and waiver of
all his or her legal rights in and to the property and income of the
other Spouse.
This Agreement shall become effective only upon the marriage of the
Parties, and shall be invalid, null and void in the event that the
planned marriage of the Parties does not occur or the marriage
occurs but is subsequently annulled.
NOW THEREFORE, IN CONSIDERATION OF the contemplated marriage of the
Parties, and the promises in the Agreement, the Parties agree as
follows:
1. Full Disclosure.
Each of the Parties understands that for this Agreement to be valid
and enforceable, it must be based on a full mutual disclosure of
each Party's financial status to the other Party. Each of the
Parties has made a full, complete and fair disclosure of all his or
her property, liabilities and income to the other Party by an
itemized list delivered to the other Party which are attached to and
made a part of this Agreement. All of Husband's financial net worth
and income is set forth in Exhibit A, which Husband verifies is true
and accurate. All of Wife's financial net worth and income is set
forth in Exhibit B, which Wife verifies to be true and accurate.
Each of the Parties further states that he or she has fully reviewed
the financial Exhibit of the other Party, and has become familiar
with the financial status, circumstances and condition of the other
Party before signing this Agreement.
2. Separate Property.
As used in this Agreement, the term "Separate Property" means all
right, title, and interest to property, whether real property,
personal property, or mixed, and wherever located, which is owned
separately by either Party. A list of the Separate Property
presently owned by the Husband is set forth in Exhibit A attached
hereto. A list of the Separate Property owned by the Wife is set
forth in Exhibit B attached hereto.
Separate Property shall also include all income produced by or from
any Separate Property, the rights to all appreciation or gain, the
rights to all proceeds from the sale of a Separate Property, and the
exclusive rights to manage and operate such property.
Separate Property as used herein shall also include property which
is obtained or acquired in the future after the date of this
Agreement is signed ("after acquired" Separate Property), which is:
(1) obtained through sale, trade, exchange, development or
improvement of currently owned Separate Property; or (2) purchased
from separately owned money or other funds; or purchased through
loans or credit separately obtained by one of the Parties; or (3) a
combination of (1) and (2); or (4) obtained or received by one of
the parties by way of gift or inheritance; and (5) any and all
successor businesses, including proprietorships, partnerships, and
corporations. In general, after acquired Separate Property of a
Party usually comes from currently owned Separate Property, or
separately obtained credit, or both.
Unless otherwise specified in this Agreement:
Neither Party shall have any right, title, or interest in, nor any
claim against the Separate Property of the other Party, whether
currently owned or after acquired; neither during the contemplated
marriage nor after its termination during lifetime or at death;
Each Party shall have the exclusive right to dispose of any or all
of his or her Separate Property by inter-vivos (lifetime) or
testamentary (at death) transfer, including by will, trust, or gift,
or by any other disposition; and
Each Party shall have the right to mortgage, encumber, hypothecate,
or pledge his or her Separate Property, in his or her sole
discretion as if their contemplated marriage had not occurred.
The Parties understand that if they are married, it may be necessary
for a Spouse dealing with his or her own Separate Property to obtain
the other Spouse's signature on certain documents in order to
satisfy the requirements of lenders, title companies, applicable
law, buyers, sellers or others. Therefore, each Party agrees that
when so requested by the other Party during the marriage, to
cooperate, join, and sign documents, including contracts, deeds,
mortgages and gifts which transfer an apparent interest of the
Spouse in and to the other Spouse's Separate Property. However, the
participation of the non-owner Spouse shall not create any personal
liability on him or her, or against the property of the non-owner
Spouse, nor shall it create any interest, right or claim in the
joining Spouse.
Nothing herein shall prohibit either Party from leaving any of his
or her Separate Property to the other Party by will, trust or other
such method, but this provision shall not create any right or claim
by the other Party.
3. Jointly Owned Property.
During the term of the marriage, the Parties may acquire jointly
owned property. For all property other than their personal
residence, such acquisitions may be made either from joint funds or
through separate contributions by each Party. If made from separate
contributions, the Parties may by separate agreement specify the
interest of each Party therein. Further, in the absence of any
separate agreement, each Party will be deemed to have an equal
interest in such jointly acquired property.
4. Personal Residence.
After the Parties are married, they plan to live at [Address of
Residence] (the "Residence").
[Ownership of Residence]
[Life Estate]
The above Residence in which the Parties plan to live after their
marriage is either now or will be owned by the Party specified above
("Owner Spouse") as Separate Property. In the event the Owner Spouse
predeceases the other Spouse ("Surviving Spouse"), and provided that
Parties are still living together as Husband and Wife, then the
Surviving Spouse shall be entitled to continue living in said
Residence for as long as he or she desires, or for his or her
lifetime, on the following terms and subject to the following
obligations of the Surviving Spouse, or both:
The surviving Spouse must continue to live in the Residence, or in
the event he or she should for a period of at least two (2)
consecutive months, either abandon the Residence, or move to another
dwelling permanently, then the right to return to the Residence is
waived, and the Residence shall pass according to the will, trust or
other testamentary disposition of the deceased Owner Spouse.
The surviving Spouse shall not move out of the Residence and rent it
to any third party. However, if the residential real estate contains
agricultural land, then the renting out of such land (by the
remainder men) shall not constitute a violation of the above
condition by the surviving Spouse.
If there is a mortgage balance owing on the Residence at the death
of the Owner Spouse which is not fully paid off, satisfied and
released as a part of the administration of the deceased Owner
Spouse's estate, then the surviving Spouse must continue to pay when
due all remaining mortgage payments.
The surviving Spouse is solely responsible for the ongoing
maintenance, repair, and cleaning of the interior, contents, and
exterior of the Residence, and for the maintenance and care of the
yard, landscaping, grounds and structures or improvements thereon.
The surviving Spouse is solely responsible for paying when due all
real estate taxes, assessments, homes association dues, utilities,
and trash service, and for maintaining in full force adequate
general multi-peril hazard and liability insurance on the Residence
and Property which carries the deceased Spouse's remainder heirs as
additional named insurers, and upon request to provide proof of
payment to those ultimate heirs.
The surviving Spouse shall not be allowed to encumber the Residence
or grounds and shall keep the residential real estate free of all
liens for any claim which might otherwise arise during the period of
the surviving Spouse's tenancy.
If the surviving Spouse fails to meet any of the above conditions,
then the tenancy of the surviving Spouse in the Residence shall
terminate immediately, the surviving Spouse shall vacate the
Residence, and the entire property on which the Residence is
located, together with any contents and furnishings owned by the
deceased Owner Spouse or the Estate thereof, shall immediately pass
according to the will, trust, or other testamentary disposition of
the deceased Owner Spouse. Also, the surviving Spouse shall be
responsible for leaving said Residence and property in a condition
as clean and repaired as when the tenancy of the Surviving Spouse
began.
Regardless of any funds spent or labor provided by the surviving
Spouse in meeting the above conditions, neither of those shall
create any right or claim for reimbursement nor any ownership
interest in said Residence, nor in any of the contents or
furnishings which are or were the Separate Property of the deceased
Owner Spouse or estate thereof which remained in the Residence for
the use and convenience of the surviving Spouse during the tenancy.
5. Living Expenses, Support Obligations.
The Parties agree that they shall establish a jointly owned
checking/saving account at a mutually agreed bank, savings and loan,
or other similar institution, for living expenses, and if mutually
agreed, for other joint needs. Each of the parties shall make a
mutually agreed contribution to that account. The Parties agree to
pay out of this account all their ordinary living expenses,
including utilities, groceries and food, entertainment, home
maintenance and repair, transportation, routine medical and routine
health related expenses such as dentists and optometrists or
ophthalmologists, other general costs of running and maintaining a
household, and other related items as the Parties shall agree. Each
of the Parties agrees to keep the other Party advised and informed
of all checks written on, or withdrawals made from any said joint
account. These common, reasonable living expenses of the Parties
shall be considered as their joint obligation.
This joint account, any excess funds which accumulate in this
account, and any such other joint checking or savings account which
the parties agree to establish on this same basis, together with all
household goods and any other property purchased from any such joint
account shall be deemed to be owned by the Parties and titled in the
form of [Ownership of Accounts].
6. Non-Joint Bank Accounts.
Other than the special joint account referred to in Section 6 above,
and any other such joint cash accounts which the Parties establish
on the same terms and conditions, all other cash accounts will be
maintained as the Separate Property of each Party. All such Separate
Property accounts opened by either Party during the marriage may be
designated under the owner Party's name as "Separate Property of
(Party's name)", or as the "Sole and Separate Property of (Party's
name)".
Even if the other Spouse's name is added as a an authorized signer
on any of the other Spouse's Separate Property cash accounts for
emergency situations, such accounts shall nonetheless be and remain
as the Separate Property of the Spouse owning the account.
Except for any such arrangements for emergency purposes, each
Separate Property account shall remain under the total and exclusive
control of the owner who shall have the full and exclusive right to
make all deposits to any such account of income produced from his or
her Separate Property; wages, salary, or other earnings resulting
from his or her labor, efforts, or contract rights; and any gifts or
inheritances received separately by that Party. The owner of any
such Separate Property account shall also have the full and
exclusive right and control to make all withdrawals from such
account, except for emergency withdrawal rights granted to the other
spouse, if any.
The interest earned on any such Separate Property accounts, together
with accumulations or any other increases, shall be included as a
part of the account as the Separate Property of the Spouse owning
the separate account.
Any withdrawals from any such account, or purchases made with the
proceeds of any separate account which are given to the non-owner
Spouse shall be considered as a gift to the other Spouse, in the
absence of any written agreement which specifies otherwise.
Nothing herein shall create any right, title, interest, or claim,
nor create any right of reimbursement for the non-owner Spouse,
unless otherwise specified in a separate written agreement.
7. Debts and Liabilities.
Unless otherwise specified herein, all debts, liabilities, liens or
encumbrances which have been incurred or guaranteed by each Party
before the contemplated marriage shall be the sole and exclusive
responsibility of and paid by the Party who incurred them, and
neither the other Party nor his or her property shall in any way be
liable or obligated for the payment thereof. The following are
separate debts of a Spouse to be paid by the other Spouse:
[Exceptions to Spouses Responsibility for Their Separate Debts]
Each Party agrees to indemnify and hold harmless the other Party
from any and all debts or liabilities separately incurred by him or
her, and each Party agrees that he or she will not seek any
financial participation for debt reduction or satisfaction, unless
otherwise specified herein.
8. Income Taxes.
[Income Tax Filing]
9. Gifts.
Nothing herein shall restrict the Parties from making gifts to each
other. Unless otherwise specified in a separate written agreement,
all gifts shall be the Separate Property of the Party who receives
the gift, except as follows:
[Exceptions to Gift Clause].
Further, upon request from the other Spouse, each of the Parties
agrees to execute appropriate consents and join in any lifetime
gifts made by the other Party from his or her own Separate Property.
10. Divorce, Dissolution, or Separation.
In the event of the termination of the marriage during the lifetimes
of both Parties (other than by annulment), whether by divorce,
dissolution, separate maintenance, or other such legal action, or a
separation pursuant to court order or the written agreement of the
Parties, or if the Parties do not live together for a period of six
continuous months and one of the Parties does not intend to end such
separation (all of which are referred to collectively as
"Divorce/Separation"), then the Parties agree that this Pre-Nuptial
Agreement shall be the basis for the financial and property
settlement of Divorce/Separation, and each of the Parties agrees to
request that the court follow the terms set forth herein.
In the event of a Divorce/Separation, the Parties further agree as
follows:
Each Party shall retain their own Separate Property, subject to any
debt or encumbrance thereon.
The Parties shall attempt to divide their jointly owned or community
property and set forth their agreement in writing, or if they are
unable to reach mutual agreement on such division, division, then
all such joint or community property shall be divided and
distributed pursuant to court order.
Each of the Parties agrees to request that if this entire
Pre-Nuptial Agreement cannot be withdrawn from court proceedings
before it would be filed as a part of public court records, that at
least the Parties shall request the court's permission to detach
Exhibits of each Party's property and financial condition before
filing in court records, due to the personal and confidential nature
of such Exhibits.
Each of the Parties agrees to execute any and all documents, and
take all steps necessary to carry out the terms of this Pre-Nuptial
Agreement.
[No Obligation to Support Other Spouse's Children]
[No Alimony Obligation]
If there is a Divorce/Separation during the first [Minimum Marriage
Duration for Alimony] years of the marriage, neither Spouse shall
pay any alimony, support, or maintenance. If a Divorce/Separation
occurs after that time, then the obligation, if any, for alimony, or
other financial support to be paid by one Party to the other shall
be determined by the mutual agreement of the Parties, or if they are
unable to agree, by court determination. Notwithstanding the
foregoing, if the Divorce/Separation occurs after the time specified
above, [Minimum/Maximum Alimony]. In no event shall any alimony be
paid beyond the death, remarriage, or cohabitation of the receiving
Party.
[Paying Spouse Obligations Reduced if Income Decreases]
11. Death of Either or Both Spouses.
In the event of the death of either Spouse, the other Spouse shall
have no rights in or to the estate or Separate Property of the other
Spouse, just as if their marriage had not occurred. Each of the
Spouses agrees to accept the terms of this Pre-nuptial Agreement
instead of, and in full and complete satisfaction of all rights in
and to the other Spouse's estate which he or she would have had
under law if this Agreement did not exist. Each Party agrees, after
the marriage, to execute a consent to the other's will, and to
execute any and all other documents necessary to carry out the terms
of this Agreement.
At the death of either Spouse, all of his or her Separate Property
shall pass to his or her respective heirs, beneficiaries, legatees,
devisees, and assigns as provided in his or her respective will,
trust or other disposition document or device; provided, however,
nothing in this Agreement shall prevent either Spouse from making
provision for the other Spouse in his or her will, trust, or other
disposition document or device.
Neither Spouse shall contest the will or other testamentary
disposition of the other Spouse's estate. If necessary under
applicable law to carry out the Parties' intent expressed in this
Agreement, the Separate Property of each Spouse shall not be counted
as part of the elective share of a surviving Spouse.
Following the death of one of the Spouses, the surviving Spouse
shall execute and deliver any and all documents necessary to carry
out the terms of this Agreement.
In the event that both Spouses should die simultaneously, or in a
common disaster, or if one of the Spouses does not survive for a
period of at least thirty (30) days after the death of the first
Spouse to die, it shall be deemed that each Spouse survived the
other and as if the marriage never occurred.
12. Sole and Exclusive Agreement; Amending; Binding on Heirs.
This Agreement constitutes the entire agreement of the Parties, and
totally cancels and supersedes any and all other prior written or
verbal agreements or arrangements between the Parties which address
the subject matter of this Agreement. No representations or
warranties have been made by either Party to the other, nor by
anyone else, except as set forth herein, and neither Party is
executing this Agreement upon reliance of any representation or
warranty which is not expressly set forth herein.
This Agreement may be amended, modified, or revoked only in writing
signed by both Parties and executed in the same manner and with the
same formality as this Agreement.
This Agreement and all its terms and provisions shall be binding on
and inure to the benefit of the Parties, and their respective heirs,
assigns, executors, administrators, and legal representatives.
13. Effective Date.
This Pre-Nuptial Agreement shall become effective upon the marriage
of the Parties. If the proposed marriage of the Parties does not
occur for any reason whatsoever, or if the marriage is annulled,
this Pre-Nuptial Agreement shall be null and void, and of no effect.
14. Severability.
The terms of this Agreement are severable. If any provisions herein
are not valid or enforceable under applicable law, then all other
provisions which are valid and enforceable shall remain in full
force and effect.
15. Governing Law.
This Agreement shall be construed and interpreted under the laws of
the country of [Country of Residence], which is the country of
residence of the Parties.
16. Headings.
The titles and captions used in this Agreement are for convenience
only, and no title or caption shall be deemed part of this Agreement
or an interpretation of any provision.
17. Multiple Counterparts.
This Agreement shall be executed in multiple counterparts, any one
of which shall be deemed a duplicate original, and any one of which
or all together shall be deemed an original, and one and the same.
IN WITNESS WHEREOF, the Parties have executed this Pre-Nuptial
Agreement in two or more counterparts on the day and year first
written above.
HUSBAND WIFE
___________________________ ____________________________
[Husband-To-Be] [Wife-To-Be]
City of ____________________ )
) ss
Country of ___________________ )
BE IT REMEMBERED that on this __________________________, before me,
the undersigned, a Notary Public for the above City and Country,
came [Husband-To-Be] who is personally known to me to be the same
person who executed the above and foregoing Pre-Nuptial Agreement,
and he duly acknowledged the execution of said document as his free
and voluntary act.
_______________________
Notary Public
Doc. No.______________;
Page No._____________;
Book No._____________;
Series of 2006.
BE IT REMEMBERED that on this __________________________, before me,
the undersigned, a Notary Public for the above City and Country,
came [Wife-To-Be] who is personally known to me to be the same
person who executed the above and foregoing Pre-Nuptial Agreement,
and she duly acknowledged the execution of said document as her free
and voluntary act.
________________________
Notary Public
Doc. No.___________;
Page No.__________;
Book No.__________;
Series of 2006.
Prenuptial Agreement with a
Filipina in the States
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