Fillable Printable Simple Prenuptial Agreement Form
Fillable Printable Simple Prenuptial Agreement Form
Simple Prenuptial Agreement Form
PRENUPTIAL AGREEMENT
THIS PRENUPTIAL AGREEMENT, executed at City, Oklahoma this day
of Month, Year, between Groom, a resident of Name of County County, Oklahoma,
and Bride, a resident of Name of County County, Oklahoma,
W I T N E S S E T H:
WHEREAS, based upon the mutual love and respect each party has for
the other, the parties hereto intend to be married in the immediate future in City,
State; and,
WHEREAS, both parties have been previously married and Groom/Bride
has # adult children from his/her former marriage; and
WHEREAS, each of the parties acknowledge that this Agreement is in and
itself an inducement for each of them to marry; and,
WHEREAS, the parties desire to accept the provisions of this Agreement
in lieu of all marital rights to the property now owned or hereafter acquired by
either of them or in their estates upon the death of either of them; and,
WHEREAS, the parties desire and intend that their anticipated marriage
will be permanent, but as mature adults, they recognize and understand that
there may be certain conditions or circumstances in a human relationship which
may lead a married couple to terminate their marriage, and the parties have
agreed that in case such events should occur, although not now intended or
foreseen, the parties agree to abide by the terms of this Agreement to the
exclusion of any claim, payment or interest in each other’s property.
NOW, THEREFORE, in consideration of the mutual love and respect each
party has for the other, and their desire for a happy and peaceful marriage based
upon such love and respect, and in consideration of such marriage and the
marriage ceremony itself, and the mutual representations, promises, covenants
and agreements herein contained, the parties make this PRENUPTIAL
Agreement and contract, which shall be mutually binding upon such parties, their
respective heirs, administrators, representatives and assigns forever, and agree
as follows:
ARTICLE I
Disclosure Concerning Property
Groom and Bride have contemplated their marriage for several months. As
prospective spouses, they have discussed and disclosed to one another
their respective financial situations. Name of Groom’s Aorney has disclosed
to Groom and Bride is aware of the nature and extent of Groom’s income,
business activities, assets and liabilities. Name of Bride’s Aorney has
disclosed to Bride and Groom is aware of the nature and extent of Bride’s
income, business activities, assets and liabilities.
In contemplation of entering into this Agreement, Groom and Bride have
prepared separate financial disclosure statements which are attached
hereto as Exhibit A for Groom and Exhibit B for Bride. The financial
disclosure statements attached to this Agreement are intended by Groom
and Bride to be as full, fair, and accurate as they can prepare considering
their purpose of a full and complete disclosure and understanding
between them. Both Groom and Bride understand and intend that the
disclosure statements have not been audited by accountants; that
statements of quantities may not be precisely accurate; that valuations of
real estate, oil, gas and mineral interest, and tangible assets are bit
professional valuations but are good faith estimates by them of the
present value of such assets.
Groom and Bride have had independent legal advise in connection with
reviewing the financial disclosure statements of the other in considering
the advisability, legal significance, and provisions of this Agreement,
Groom having consulted Name of Groom’s Aorney, of City, Oklahoma, and
Bride having consulted Name of Bride’s Aorney, of City, Oklahoma. Groom
and Bride warrant to each other that he or she has been advised by such
counsel of the substantial rights to inheritance, to support, and to property
which he or she would have under the laws of Oklahoma if they were to
marry and subsequently die married or become divorced in the absence of
this Agreement, which rights he and she have renounced, waived,
released, and relinquished by virtue of this Agreement; that their
respective counsel has fully explained such matters to him or her and
counsel has informed each party that counsel has received access to all
financial information requested; that he or she has taken into account all
relevant factors and circumstances; that he and she believe the provisions
of this Agreement to be fair and reasonable to him or her; that he or she
understands and consents to all the provisions of this Agreement; and that
respective counsel have advised the parties that this Agreement is valid
and binding upon them. Groom and Bride represent to each other that each
of them and their respective counsel have been afforded the opportunity to
make any inquiry or be provided any documents they desire to examine
with respect to the other’s financial situation and that they have received
satisfactory responses to any such inquiries or requests. Each of Groom
and Bride understands that the contents of this Agreement, the information
contained in the Exhibits and any information disclosed in the negotiation
of this Agreement are private information not for public discussion or
disclosure. Each of them will employ discretion in disclosing such
information to others and will charge the persons to whom they disclose it
with an obligation of confidentiality as to such information.
Bride warrants and agrees that she executes and acknowledges this
Agreement only after carefully reading the same and after consultation
with her attorney, and that she has fully considered and understands all of
the terms and provisions hereof and their legal effects and ramifications.
She acknowledged that she believes it is in her best interest to sign,
execute, and deliver this instrument. Bride further acknowledges that this
Agreement is just, fair and equitable and that this Agreement is signed
willingly, freely, and voluntarily as her act and deed without reliance upon
any representation of Groom or any of his agents, other than those
expressly set out in this Agreement.
Groom warrants and agrees that he executes and acknowledges this
Agreement only after carefully reading the same and after consultation
with his attorney, and that he has fully considered and understands all of
the terms and provisions hereof and their legal effects and ramifications.
He acknowledged that he believes it is in his best interest to sign, execute,
and deliver this instrument. Groom further acknowledges that this
Agreement is just, fair and equitable and that this Agreement is signed
willingly, freely, and voluntarily as his act and deed without reliance upon
any representation of Bride or any of her agents, other than those
expressly set out in this Agreement.
ARTICLE II
No Marital Property-Other Property
Marital Property. The parties do not expect or intend that there will be any
accumulation of property commonly called “marital property” during the
marriage. By the term “marital property” they intend to include, without
limitation, property “acquired by the parties jointly during their marriage”
(43 O.S. § 121) and “acquired by joint industry,” “during coverture” (84
O.S. § 44). It is their intention that the provisions of this Agreement should
resolve any subsequent controversy between them or between one of
them and the estate of the other as to the taking of assets that might
otherwise be denominated marital property in the event of the death of
one of them or the dissolution of their marriage. They are agreed that the
meaning of this Article II is that there will be no marital property, and that
any property owned by them is or will be the separate property of one or
the other of them, depending on the name in which it is owned or the
source of the funds with which it was acquired. The provisions hereof are
intended as, and are accepted by Bride as full compensation for the
disclaimer by her at this time and upon any subsequent event that there is
or may be marital property. The provisions hereof are intended as, and are
accepted by Groom as full compensation for the disclaimer by him at this
time and upon any subsequent event that there is or may be marital
property.
Separate Property. The property listed on Exhibit A as to Groom and
Exhibit B as to Bride, and any other property now owned by Groom or Bride
or acquired by either of them before the marriage and any property
hereafter inherited or received as a gift or otherwise acquired by either of
them is and will continue to be the separate property of Groom or Bride,
respectively.
Earnings as Separate Property. The earnings and income of each party,
including personal service income, will remain his or her separate property
and will not be subject to division on termination of the marriage. Any
property hereafter acquired by either party out of the earnings or income
of that party or attributable to income from said separate property, or any
appreciation in value of said separate property, whether the enhancement
is due to market conditions or to the services, skills, or efforts of the owner
of the property, will remain the separate property of the respective party,
free of any interest, beneficial, equitable, or otherwise, in the other party.
The parties mutually recognize and agree that except for this Agreement,
the earnings and income resulting from the property, personal services,
skill, effort, and labor of the other party might or would be marital property,
but that by virtue of this Agreement such earnings and income will be and
remain separate property.
Income from Separate Property. The parties hereby agree that all income
from property owned by one of them received during their marriage and all
enhanced value of property which is the product of each party’s respective
labor shall forever be and remain the separate property of the party
owning such property.
Management, Disposition, and Transmutation of Property.
Management of Properties. Each party will have the full, free, and
unrestricted right to manage his or her separate property, including
without limitation, the right to convey or encumber that property; to
dispose of it by sale, gift, or otherwise; and to deal with it without
taking into consideration the other party.
Dispositions of Property to Other Party. Notwithstanding any other
provision of this Agreement, either party may transfer, give, convey,
devise, or bequeath any property to the other party. Neither party
intends by this Agreement to limit or restrict in any way the right to
receive any such transfer, gift conveyance, devise, or bequest from
the other.
Conveyance of Property Between Parties. In the event one party
voluntarily conveys to the other party any interest in any property
which is the separate property of such party, either by will or by
instrument of conveyance or document of title signed by the
transferring party, then the provisions of said will or instrument of
conveyance of documents of title shall control over the provisions of
this Agreement to the extent of any conflict between such
documents regarding such property.
No Transmutation. Property of interest in property now owned or
hereafter acquired as the separate property of one of the parties
can become the separate property of the other or the parties’ joint
property only by a written instrument executed and acknowledged
before a notary public by the party whose separate property is to be
reclassified.
Events Which Are Not to Be Taken as Evidence of Joint Ownership. The
parties specifically agree that the following events shall not be, under any
circumstances, evidence of an intention by either party of any agreement
between the parties to change their separate property into marital
property:
The filing of joint tax returns;
The designation of one party by the other as a beneficiary of his or
her estate or as trustee or as any other form of a fiduciary;
The commingling by one party of his or her separate funds or
property with the separate funds or property of the other party,
including the time, toil, and talent of either of the parties and the
pleadings of joint, separate, or common credit for the benefit of the
other’s separate estate;
Any oral statement by either party;
Any written statement by either party other than an express written
agreement changing separately-owned property into jointly-owned
property or a written statement designating a particular piece of
property as a gift to the other;
The payment from the funds of either party of any obligations of the
other party, including but not limited to the payment of mortgages,
interest or real property taxes, repairs, or improvements on a
separately or jointly-held residence;
The joint occupation of a separately-owned residence, even though
designated as a homestead;
The use of household furniture and furnishings, art work,
collections, or other personal property in or as decorations for a
residence of the parties;
The common use of property.
Money Used for Support. Any money of one party used for the benefit of
the other or for living expenses shall be presumed to be a gift to the other,
as opposed to a payment for which reimbursement or repayment is later
expected, unless the parties agree otherwise in writing. Each party does
hereby release any claim which he or she may have in the future for
reimbursement for any sums expended on or for the benefit of the other
party or for living expenses of the parties or either of them, or unless
subsequently agreed upon by the parties in a separate written agreement.
Work on Separate Property. The application by one party of his or her
personal services, efforts, advise, or other activity of value to the
acquisition, preservation, enhancement of value, or furtherance of the
separate property of business or civic activities of the other shall be
presumed to be a gift to the other or to be mutual support arising from the
marriage for which no reimbursement or payment is expected, unless the
parties agree in writing. Each party does hereby release any claim which
he or she may have in the future for the value, if any, of such activities
unless subsequently agreed upon by the parties in a separate written
instrument.
Gifts. Gifts by one party to the other shall be the separate property of the
donee, for which the donor has no right to reimbursement or payment.
However, gifts shall never be presumed, and in the absence of clear and
convincing evidence to the contrary, all property of the parties shall be the
separate property of the party whose funds were used for its purchase.
The registration of an asset for which ownership is commonly registered,
such as real estate, securities, bank accounts, an automobile, certain
animals, and the like, shall be clear and convincing evidence that the
assets is the separate property of the registered owner, regardless of the
source of funds for the acquisition.
Jointly-Owned Property. Without regard to the source of the funds with
which is was acquired, or whose separate property it was earlier,
registration or record ownership of an asset in Groom’s or Bride’s name
together, whether as joint tenants with right of survivorship or as tenants in
common, shall constitute conclusive evidence that they have an equal
ownership interest in, and equally liability for any debts secured by the
asset, unless there is clear written evidence of a contrary intent. If the
asset is owned in common (not as joint tenants with right of survivorship),
the interest of each of Groom and Bride shall be his or her separate
property. If Groom and Bride own the asset as joint tenants with right of
survivorship, then for purposes of Article III hereof (death of a party while
married), the entire property shall be the property (and any debt secured
thereby shall become the obligation) of the survivor, in addition to and not
in reduction of amounts due the survivor pursuant to Article III and for the
purposes of Article IV hereof (divorce, etc.), each party shall be deemed to
own his or her share (and to owe his or her share of the debt) as separate
property.
Without limiting the generality of the foregoing, the parties agree
that for the purposes of determining whether or not property is jointly
owned by the parties, the following rules shall apply:
Items of personal apparel or adornment such as clothing, furs and
jewelry, shall be the separate property of the party using them.
Except as otherwise provide in subparagraph a. hereof, tangible
personal property purchased with the separate funds of one of the
parties shall be the sole and separate property of the party with
whose funds such property was purchased unless there is clear
written evidence of a contrary intent.
No Intention to Create Business Association. It is not the intent of either
party to form a joint venture, partnership, or other business association in
which the parties would be co-owners of any property owned individually
by either party. Each party expressly negates the existence of any such
joint ventures, partnerships, or business associations and agrees that any
such arrangement may be created only by the execution of a separate
written document expressly acknowledging the formation of such
arrangement and specifically delineating the rights of each party to such
arrangement. The parties further acknowledge that it is not their intent to
take any action which would create a claim of ownership of reimbursement
rights on the theory of constructive trust, resulting trust, or any other
equitable or legal theory.
ARTICLE III
Right of a Party on Death of the Other
Mutual Release and Waiver. Except as specifically provided in this Article
III, Groom and Bride waive, release, and renounce any right, title, claim, or
interest which either of them may have to the property or estate of the
other upon the death of the first of them to die and consent and agree that
each of them may leave his or her property to any beneficiary he or she
desires, free of any claims of the other. They likewise waive, release, and
renounce any right to take a share of the property of the other fixed by any
statute or other legal rule or to take property of the other contrary to or
against the will of the other or as a so-called “forced heir” of the other.
They likewise waive, release and renounce any right, title, or interest they
may have to the property or estate of the other if the other should die
without a will, intending that if either of them dies without a will, the
decedent’s estate shall be distributed as if the parties had not been
married.
Survivor’s Waiver of Right to Personal Property. Groom and Bride have
each read, and their counsel have explained to them, 58 O.S. §§ 311-312,
which provide (among other things) that certain items of personal property
are to be set aside and delivered to a surviving spouse and are not assets
of the decedent’s estate. Notwithstanding such statutory provision (or
similar provisions of the law of Oklahoma or any other jurisdiction which
may hereafter be applicable to the parties), each of them recognizes the
importance to the other of many items of household furniture and
furnishings and art work and personal belongings and their desire that
upon the death of the first of them to die, such property may be left by the
decedent to whomever he or she wishes, free of any marital rights of the
survivor. Accordingly, each of them waives, releases, and renounces in
favor of any testamentary beneficiary to whom any such property is
specifically bequeathed, any claim or right he or she might have to the
household furniture and furnishings, art work, personal belongings,
collections, or automobiles of the other which he or she might otherwise
have pursuant to the aforesaid statute or any similar legal provision and
agrees that such property may be left by specific bequest contained in the
will of the first to die as if he or she had not been survived by the other
party. The parties further agree that if for any reason the aforesaid waiver,
release, and renunciation of their statutory rights should be held to be
ineffective, he or she will nevertheless abide by the testamentary
directions of the first of them to die as to such property and will deliver the
same to those persons, firms, corporations, or entities to whom the first to
die attempts to leave it within one month after the death of the first to die,
hereby acknowledging a legally enforceable ownership right to such
property in such beneficiary or beneficiaries.
Survivor’s Waiver of Right to Homestead. Groom and Bride have each
read, and their counsel have explained to them, 58 O.S. § 311, which
provides (among other things) that upon the death of a spouse, the
surviving spouse may continue to possess and occupy the marital
homestead for their life. Notwithstanding such statutory provision (or
similar provisions of the law of Oklahoma or any other jurisdiction which
may hereafter be applicable to the parties), each of them recognizes the
importance to the other of maintaining the status of separate property,
including the marital homestead and their desire that upon the death of the
first of them to die, such marital homestead may be left by the decedent to
whomever he or she wishes, free of any marital rights of the survivor to
possess and occupy the marital homestead. Accordingly, each of them
waives, releases, and renounces in favor of any testamentary beneficiary
to whom such marital homestead is specifically bequeathed, any claim or
right he or she might have to possess and occupy the marital homestead
of the other which he or she might otherwise have pursuant to the
aforesaid statute or any similar legal provision and agrees that such
property may be left by specific bequest contained in the will of the first to
die as if he or she had not been survived by the other party. The parties
further agree that if for any reason the aforesaid waiver, release, and
renunciation of their statutory rights should be held to be ineffective, he or
she will nevertheless abide by the testamentary directions of the first of
them to die as to such marital homestead and will relinquish possession of
the marital homestead to those persons, firms, corporations, or entities to
whom the first to die attempts to leave it within one month after the death
of the first to die, hereby acknowledging a legally enforceable ownership
right and a right to possess and occupy such marital homestead in such
beneficiary or beneficiaries. (Optional: In lieu of the right to occupy and
possess the marital homestead, upon the death of either party, Groom and
Bride have provided that each of them owns a fifty percent (50%) interest
in a residence, as tenants in common, that is located in City, State.)
Surviving Spouse’s Allowance. Groom and Bride have each read, and their
counsel have explained to them, 58 O.S. § 314, which provides for the
allowance to a surviving spouse of certain sums for living expenses or
maintenance after the death of the other spouse regardless of the
provisions of a will of the decedent. Notwithstanding such statutory
provision (or similar provision of the law of Oklahoma or any other
jurisdiction which may hereafter be applicable to the parties), Groom and
Bride both waive, relinquish, renounce, and release their right to claim any
such allowance and agree that neither of them will, regardless of any
changed financial circumstances between the date of this Agreement and
the death of the first of them to die, or for any other reason, make any
claim for such allowance from the assets of the other.
More Generous Provisions. Nothing contained in this Article III is intended
to prevent Groom or Bride from receiving more than is provided by this
Article III if more generous provision is made for him or her by the will or a
trust of the other.
Article III Applies Only if Married. All of this Article III is conditioned upon
Groom and Bride being married to each other when the first of them dies.
ARTICLE IV
Rights of Parties on Divorce
Mutual Release and Waiver. Except as specifically provided in this Article
IV, Groom and Bride waive, release, disclaim, and renounce any right to
alimony, support, maintenance, division of property, or attorney’s fees or
expenses from the other in the event of their divorce, annulment, or a
judicial decree of their separate maintenance.
No Division of Property. In the event of divorce, annulment, or separate
maintenance, Groom and Bride agree that there shall be no property
settlement or division of property between them, but each shall keep and
retain sole ownership, enjoyment, control, and power of disposal of all
property of every kind and nature whatsoever now owned or hereafter
acquired by such party and all increments thereto free and clear of any
interest, right, or claims of the other. No such property shall be subject to
any present of future rule of law of any jurisdiction which, in the event of
dissolution of a marriage, would otherwise subject such property to
equitable distribution or division between husband and wife, or which
would otherwise provide for a distributive award in lieu of such distribution
or division. They further agree that in any suit for divorce, annulment, or
separate maintenance, neither of them will file any pleadings that request
a division of property contrary to the provisions of this Agreement.
Agreement to be Made Upon Divorce. Groom and Bride agree that prior to
entry of any decree of divorce, annulment, or separate maintenance, they
will execute an agreement and such other documents as may be
necessary to set aside to Groom all of the property described herein as
being his separate property, and to set aside to Bride all of the property
described herein as being her separate property. As to property owned by
Groom and Bride jointly, which is not readily divisible in kind and the
continued undivided ownership of which would be disagreeable to either of
them, they shall agree upon a value thereof and the party wanting to retain
the same shall pay to the other the agreed value of the other’s interest in
cash within two months after the filing of the action. If the parties cannot
agree on a value, they will accept the valuation of a mutually agreeable
appraiser, one-half of whose fees shall be paid by each of them. If, after a
valuation has been reached, Groom and Bride cannot give agree which of
them will buy the other’s interest, the asset or asset’s in dispute will be
sold by a public auctioneer at public auction at which the parties may bid,
and the sales proceeds will be divided between Groom and Bride according
to their respective ownership, the auctioneer’s fees and expenses being
paid one-half each by Groom and Bride. Provided, always, that this detailed
provision is included in this Agreement only to forestall controversy and is
not intended to imply or create joint ownership of any property unless the
same is clearly jointly owned pursuant to the provisions of this Agreement.
Possession of Marital Home. If either Groom or Bride files an action for
divorce, annulment, or separate maintenance, the other party will retain
possession of the marital home. The party filing for divorce will vacate the
marital home within one week after the action is filed, taking only his or her
separate property.
No Temporary Maintenance. If either Groom or Bride files an action for
divorce, annulment, or separate maintenance, each of them agrees that
he or she will not, regardless of who files the action or any alleged fault in
the break-up of the marriage or changed financial circumstances between
the date of this Agreement and the date of the action, seek or request or
be entitled to any temporary or interim maintenance, support, alimony,
attorney’s fee, or suit money from the other. If, despite this agreement,
either party should obtain an order for such sums, any amount or amounts
otherwise due to such party pursuant to this Article IV shall be reduced by
twice the amount so ordered.
Amount to be Paid to Bride Upon Divorce. If either party files an action for
divorce, annulment, or separate maintenance which results in a final
decree of divorce, annulment, or separate maintenance, Groom agrees to
pay Bride, in full satisfaction of any claims or rights which she might
otherwise have for alimony, maintenance, support, attorney’s fees, or
division of property or any other claims or sums arising from the marriage
or the action, and in lieu of any and all sums which might otherwise be due
to her therefor (except what may be owed to her pursuant to paragraph
25), cash in the amount of $amount such sum, to be paid in monthly
installments of 1/24th of the total sum, the first of such installments to be
paid on the date when a final decree of divorce, annulment, or separate
maintenance has been entered and the time within which an appeal could
be taken therefrom has expired, or the date after a final decree when Bride
has executed an effective waiver of any appeal rights, whichever is earlier,
with subsequent installments, if any, to be paid on the same day of each
month thereafter until the total amount of such sum has been paid in full
without interest. Should Bride die or remarry before all of such installments
have been paid, any installments which would otherwise have become
due after the date of such death or remarriage shall cease and terminate.
The amount payable to Bride pursuant to this paragraph 28, if any, shall be
adjusted by the proportion that the “Consumer Price Index-All Urban
Consumers-United States, All items (“CPI”), (1982-84=100)” (or if the CPI
should cease to be published, another cost of living index which as closely
as possible shall approximate the CPI) for the month in which such action
