Fillable Printable 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

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 ______________________ _______.

______________________