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Fillable Printable Prenuptial Agreement Sample Form

Fillable Printable Prenuptial Agreement Sample Form

Prenuptial Agreement Sample Form

Prenuptial Agreement Sample Form

PRE-NUPTIAL AGREEMENT
This AGREEMENT is entered into between___________________________, residing
at _______________________________, ______________, Alabama, (herein referred to as
"Husband") and
______________________________, residing at _______________________,
_______________, Alabama, (herein referred to as "Wife"), who are contemplating marriage in
the near future.
A. PURPOSE AND RECITALS
This AGREEMENT is entered into for the following purposes, and with respect to the
following facts:
1. The parties contemplate marriage.
2. Both parties own certain real and personal property at this time and both have
independent income. Each party has or will have a Last Will and Testament devising their
property unto certain persons, and said parties are in full agreement that this arrangement is as it
should be, and that each party may pass his or her property to his or her own bloodlines, or as he
or she wishes without claim by the other and without the impediment of the Laws of Descent and
Distribution, or the Laws concerning the Elective Share (or other rights) of the Surviving Spouse.
The parties further feel that they should make provisions for division of property in the event of
divorce.
3. It is the intention of the parties herein to define and settle their respective and
collective rights in the property owned separately by each of them, and to determine and fix such
respective and collective rights in such property in writing, to release and relinquish all rights,
titles and interests or claims by contract, statute or otherwise, in the property of the other so that
each may use their respective property without the consent of the other and may pass on the
property at the death of either by Will to persons of each respective party's choice, and to settle
certain property rights in the event of divorce.
B. DISCLOSURE
This AGREEMENT is entered into by each party with a general and specific knowledge
of the extent and probable value of all separate property or estate of the other. Each party
acknowledges an understanding of the rights each has in the other's property by law and
otherwise, and the benefit to either or both of them by virtue of their marital relationship. To
insure that both parties have a thorough knowledge of the nature and extent of the property
owned by both or each of them, the parties hereto have made to each other a full disclosure, in
writing, of all property he or she own separately, individually, or jointly with any other persons.
A copy of Wife's Statement of Financial Condition is attached hereto as Exhibit A. A copy of
Husband's Statement of Financial Condition is attached hereto as Exhibit B. It is understood and
agreed that the figures and amounts referred to are approximately correct and not necessarily
exact, but are intended to be reasonably accurate, provided, however, no current appraisals have
been made of the property.
C. AGREEMENT UPON DIVORCE
In the event of a divorce of the parties, after their marriage, the parties hereby agree that
each shall retain his or her separately owned property, whether now owned or hereafter acquired,
and that no provisions shall be made for either party by the other, whether by means of alimony,
property settlement, or otherwise, in the event of such divorce.
D. AGREEMENT UPON DEATH
The parties hereto agree that the contents of the respective Last Will and Testament of
each of them shall be binding and that each party owes a primary duty and obligation to the other
to respect said Last Will and Testament of the other, and neither is entitled to any property on the
death of the other except that which is given in said Will, if any.
E. AFTER ACQUIRED PROPERTY
Any property acquired separately by either party subsequent to the date hereof shall
remain the separate property of such party and subject to the terms of this
AGREEMENT. Any
property acquired jointly by the parties subsequent to the date hereof shall be the joint property
of the parties (whether with or without rights of survivorship).
F. WAIVER OF RIGHTS
The parties hereto, for the consideration hereinabove specified, each waive any and all
rights:
1. To inherit any part of the estate of the other at his or her death, unless specifically
bequeathed or devised in the other party's Last Will and Testament;
2. To act as the personal representative of the estate of the other on intestacy, unless
nominated by another party legally entitled so to act;
3. To act as personal representative under the Will of the other, unless so nominated
by a Will or Codicil dated subsequent to the effective date of this
AGREEMENT;
4. To share in any property or estate of the other created by the Constitution or Laws
of State where domiciled, including, but not limited to, elective share, homestead allowance,
exempt property and family allowance, and declare that the spouse's signature shall not be
necessary for sale, transfer or encumbrance of said property, and all such documents executed by
the spouse are hereby ratified and approved by the other, and both agree if called on by any party
in interest to execute a separate recordable document to waive such signature.
G. REPRESENTATION BY
INDEPENDENT COUNSEL
Husband and Wife do hereby declare and acknowledge that they have been represented
by separate and independent counsel of their own choosing in the negotiation of this
AGREEMENT, and that this AGREEMENT has been read by the parties hereto, and has been
explained to each of them by such counsel with respect to the meaning and legal consequences of
the document, and that each understands their rights and obligations under this
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H. GENERAL
1. This AGREEMENT shall be binding on the parties hereto, their heirs,
successors, personal representatives, and assigns.
2. This
AGREEMENT may be executed in several counterparts, each of which
shall be deemed an original for all purposes.
3. This
AGREEMENT supersedes all prior discussions, negotiations,
representations and understandings, and represents the entire agreement between the parties
hereto relating to the subject matter referred to herein and may be altered or amended only by a
subsequent written agreement signed by both parties hereto.
4. This
AGREEMENT shall be construed in accordance with and governed by the
Laws of the State of Alabama.
5. In the event that any of the provisions or sections of this
AGREEMENT are held
to be unenforceable or invalid by any court of competent jurisdiction, the validity and
enforceability of the remaining provisions, or sections hereof, shall not be affected thereby.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals, this
______ day of _________________________ _________.
__________________________________ SEAL)
__________________________________ (SEAL)
STATE OF ALABAMA
COUNTY OF _________________
I, the undersigned authority, a Notary Public in and for said County, in said State, do
hereby certify that
_______________________ whose names are signed to the foregoing Pre-
Nuptial Agreement and who are known to me, acknowledged before me on this day, that, being
informed of the contents of the Pre-Nuptial Agreement, they executed the same voluntarily on
the day the same bears date.
Given under my hand and official seal, this _______
day of ____________________
________.
____________________________________
Notary Public
This Instrument was Prepared By:
_______________________________
_______________________________
_______________________________
_______________________________
CERTIFICATE OF ATTORNEY
FOR HUSBAND
The undersigned hereby certifies that he/she is an Attorney at Law, duly licensed and
admitted to practice in the State of Alabama; that he/she has been employed by
________________________________, as a party to this AGREEMENT, and that he/she has
advised him with respect to the foregoing Pre-Nuptial Agreement; and explained to him the
meaning and legal effect of same; and that the said
____________________________________
has acknowledged full and complete understanding of said AGREEMENT and its legal
consequences, and has freely and voluntarily executed the
AGREEMENT.
DONE this ______
day of ___________________________ ___________.
______________________
______________________
______________________
______________________
CERTIFICATE OF ATTORNEY
FOR WIFE
The undersigned hereby certifies that he/she is an Attorney at Law, duly licensed and
admitted to practice in the State of Alabama; that he has been employed by
_____________________________, as a party to this AGREEMENT, and that he/she has
advised her with respect to the foregoing Pre-Nuptial Agreement; and explained to her the
meaning and legal effect of same; and that the said
________________________________ has
acknowledged full and complete understanding of said
AGREEMENT and its legal conse-
quences, and has freely and voluntarily executed the
AGREEMENT.
DONE this
day of ______________________ _______.
______________________
______________________
______________________
______________________
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