Fillable Printable Free Prenuptial Agreement Form
Fillable Printable Free Prenuptial Agreement Form
Free Prenuptial Agreement Form
PREMARITAL AGREEMENT
This Premarital Agreement (the “Agreement”) is entered into between Name
of Potential Bride, of Reno, Washoe County, Nevada, as "Wife," and Name of
Potential Groom of Reno, Washoe County, Nevada, as "Husband," with refer-
ence to the following facts:
WHEREAS:
A. Husband and Wife are each unmarried and contemplating mar-
riage to one another.
B. Husband and Wife intend to define, fix and determine certain of
their rights and obligations in the marriage.
C. Husband and Wife also intend to define, fix and determine their
rights and obligations in the property of the other whenever and
wherever acquired or located and to renounce any claims or rights,
except for this Agreement, which either might acquire in the property
of the other by reason of their future marital relationship.
D. In addition, Husband and Wife desire by this Agreement to elim-
inate all alimony, support and maintenance for either party in the
event of dissolution of their marriage.
E. This Agreement constitutes a premarital agreement as defined in
Nevada’s Uniform Premarital Agreement Act and is made in con-
templation of marriage. The parties intend that this Agreement will
be construed and enforced pursuant to the provisions of the said
Act (Nevada Revised Statutes Chapter 123A). This Agreement shall
be effective upon such marriage between the parties actually tak-
ing place. If for any reason such marriage does not take place, this
Agreement shall be void.
F. Husband and Wife possess adequate knowledge of the property
and financial obligations of the other, and to the extent that either
lacks adequate knowledge, Husband and Wife hereby voluntarily and
expressly waive any right to disclosure of the property or financial
obligations of the other party beyond the disclosure provided.
Based upon the foregoing, Husband and Wife agree as follows:
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4 OCCUPATIONS
1 PURPOSE.
This Agreement shall establish and control Husband’s and Wife’s rights, title
and duties relating to all the assets in which either or both have an interest
or shall acquire an interest during the term of this Agreement and to all the
liabilities to which either or both is obligated or shall become obligated during
the term of this Agreement.
2 TERM
This Agreement shall take effect upon the marriage of Husband and Wife and
shall remain in effect until the marriage is dissolved by divorce, legal separation,
or the death of either spouse. In the event of death, divorce or legal separation,
the assets and liabilities of Husband and Wife shall be characterized as provided
in this Agreement, and the rights and obligations of Husband and Wife shall be
as provided in this Agreement.
3 CHILDREN
In the event the parties have children, Husband and Wife agree as follows:
• Children shall be raised in the _________________ religion.
• In the event of divorce,
– Husband and Wife agree that Husband/Wife should be awarded full
custody of the minor children, with reasonable visitation awarded
to the non-custodial spouse, provided however that in the event of
infidelity, the faithful spouse shall be presumed to be entitled to
custody of the parties’ minor children.
– The custodial parent agrees not to move more than 15 miles from the
home the marital home without the express written consent of the
non-custodial spouse.
– The non-custodial spouse agrees to support the parties’ minor chil-
dren in the manner and amount then agreed or ordered by the divorce
court.
4 OCCUPATIONS
Husband is presently employed as a and Wife
as a . Husband and Wife agree that the Hus-
band’s/Wife’s (select one) occupation shall be the primary occupation (herin
“Breadwinner”). The Wife/Husband agrees to support the Breadwinner and to
assist him/her in advancing within his/her occupation.
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7 PROPERTY
5 DOMOCILE
Husband and Wife agree to maintain their marital home in Reno, Nevada,
provided however that if Breadwinner is transferred to another city, the marital
home shall be moved to the city where he/she is transferred.
6 MARITAL DUTIES
Husband and Wife agree that Husband/Wife shall be primarily responsible for
performing normal domestic household duties, such as cooking, cleaning and
washing. Husband/Wife shall be primarily responsible for maintenance of the
exterior, including yard, of the marital home.
7 PROPERTY
7.1 SEPARATE PROPERTY OF WIFE.
All of the property owned by Wife at the date of marriage, together with all
acquisitions by Wife during the marriage by compensation, gift, inheritance, or
personal injury award, shall remain the separate property of Wife, regardless of
the personal efforts of Wife or Husband in the owning, managing, acquiring, or
disposing of such property. Furthermore, all the rents, dividends, distributions,
issues, profits, appreciation, and other enhancements of value attributable to
Wife’s separate property (including without limitation, appreciation or enhance-
ments of value resulting from Wife’s or Husband’s personal efforts or skills), shall
remain the separate property of Wife, and all property which is purchased with
the proceeds of a sale of or a loan secured by the separate property of Wife shall
be her separate property.
Attached hereto as Exhibit A, which has been initialed by Wife and Hus-
band, and incorporated herein by this reference, is a financial statement of Wife.
Wife’s financial statement describes the separate property which she owns or in
which she has an interest and the separate liabilities to which she is obligated
on the date of the statement. Wife’s financial statement will be substantially
the same on the date of marriage. Husband understands that the assets of Wife
have not been recently appraised and the values are estimates only. Husband
and Wife both agree that an appraisal of the assets would be time consuming
and costly. Husband voluntarily waives any right he might have to acquire ap-
praisals of any of Wife’s assets. Husband acknowledges that the actual values
of these assets could be higher or lower. Husband has satisfied himself that he
is adequately aware of the value of Wife’s assets, and he voluntarily waives the
right to become more aware of the value of Wife’s assets, and hereby voluntar-
ily waives any right to challenge this Agreement based on the fact that Wife’s
assets are different in value than the values set forth in Exhibit A.
Husband further acknowledges and agrees that he has had the opportunity
to review any information concerning Wife’s assets that he and/or his counsel
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7.2 SEPARATE PROPERTY OF HUSBAND. 7 PROPERTY
deem appropriate.
Husband further acknowledges and agrees that Wife’s assets may decrease
or increase tremendously in value. It is the desire of Wife and Husband that
this Agreement shall be binding and enforceable irrespective of any change in
circumstances. Husband hereby voluntarily waives, discharges, and releases any
right, title, or interest that he might otherwise acquire in the separate property
of Wife by reason of the marriage.
7.2 SEPARATE PROPERTY OF HUSBAND.
All the property owned by Husband at the date of marriage, together with all
acquisitions by Husband during the marriage by gift, inheritance, or personal
injury award shall remain the separate property of Husband, regardless of the
personal efforts of Husband or Wife in the owning, managing, acquiring, or
disposing of such property. Furthermore, all of the rents, issues, profits, ap-
preciation, and other enhancements of value attributable to Husband’s separate
property (including, without limitation, appreciation or enhancement of value
resulting from Husband’s or Wife’s personal efforts and skills) shall remain the
separate property of Husband, and all property which is purchased with the
proceeds of a sale of or loan secured by the separate property of Husband shall
be his separate property.
Attached hereto as Exhibit B, which has been initialed by Wife and Husband,
and incorporated herein by this reference, is a financial statement of Husband.
Husband’s financial statement describes the separate property which he owns or
in which he has an interest and the separate liabilities to which he is obligated on
the date of the statement. Husband’s financial statement will be substantially
the same on the date of marriage. Wife understands that the assets of Husband
have not been recently appraised and the values are estimates only. Husband
and Wife both agree that an appraisal of the assets would be time consuming and
costly. Wife voluntarily waives any right she might have to acquire appraisals
of any of Husband’s assets. Wife acknowledges that the actual values of these
assets could be higher or lower. Wife has satisfied herself that she is adequately
aware of the value of Husband’s assets, and she voluntarily waives the right to
become more aware of the value of Husband’s assets, and hereby voluntarily
waives any right to challenge this Agreement based on the fact that Husband’s
assets are different in value than the values set forth in Exhibit B.
Wife further acknowledges and agrees that she has had the opportunity to
review any information concerning Husband’s assets that she and/or her counsel
deem appropriate.
Wife further acknowledges and agrees that Husband’s assets may decrease
or increase tremendously in value. It is the desire of Wife and Husband that
this Agreement shall be binding and enforceable irrespective of any change in
circumstances. Wife hereby voluntarily waives, discharges, and releases any
right, title, or interest that she might otherwise acquire in the separate property
of Husband by reason of the marriage.
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7.3 SEPARATE LIABILITIES. 7 PROPERTY
7.3 SEPARATE LIABILITIES.
The financial statements attached hereto as Exhibits A and B describe the
separate liabilities to which each spouse is obligated on the date of the mar-
riage. These obligations shall remain the separate obligations of Husband and
Wife. All liabilities which are incurred in the acquisition of assets which are
characterized as separate property pursuant to this Agreement, and any other
obligations which Husband and Wife agree in writing to be separate liabilities,
shall be separate liabilities of the spouse who owns the separate property so ac-
quired or of the spouse who has agreed to be the separate obligor. All separate
obligations which are refinanced during the marriage shall retain the character
of the original obligation, regardless of whether the new obligation is secured by
the separate property of the obligor or by community property. If the separate
obligation is refinanced for an increased amount, the excess proceeds from the
refinancing shall be the separate property of the separate obligor.
The community shall be entitled to reimbursement from the separate prop-
erty of the obligor to the extent that community property is used to pay any
part of any separate liability. Husband and Wife shall be entitled to reimburse-
ment from the community property to the extent that the separate property of
either Husband or Wife is used to satisfy any community liability, other than the
obligation of the community to support and maintain the spouses pursuant to
Section 7.7 below. Husband and Wife shall be entitled to reimbursement from
the separate property of the other to the extent that the separate property of ei-
ther Husband or Wife is used to satisfy any separate liability of the other, other
than the obligation of the other to support and maintain the spouses pursuant
to Section 7.7 below.
Husband hereby agrees to indemnify and hold Wife harmless from all of
his separate obligations, including, without limitation, any claims, damages,
charges, assessments and taxes related to Husband’s separate property or obli-
gations.
Wife hereby agrees to indemnify and hold Husband harmless from her sep-
arate obligations, including, without limitation, any claims, damages, charges,
assessments and taxes related to her separate property or obligations.
7.4 EARNINGS
All of the wages, salaries, bonuses, commissions, fees, dividends, distributions,
and other earnings of Husband and Wife prior to the date of marriage shall
remain the separate property of Husband and Wife, respectively. All of the
wages, salaries, bonuses, commissions, fees, dividends, distributions, and other
earnings of Husband and Wife on or after the date of marriage shall remain
the separate property of the spouse who earns or receives them. None of the
wages, salaries, bonuses, commissions, fees, dividends, distributions, and other
earnings for personal services rendered by Husband and Wife after the date of
marriage shall be considered the community property of Husband and Wife. In
addition, all appreciation, distributions or other enhancements in the value of
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7.5 RETIREMENT PLANS. 7 PROPERTY
the separate property of either spouse shall remain separate property even if the
appreciation, distributions or other enhancements in value are attributable to
the personal skill or efforts of either spouse. All of the wages, salaries, bonuses,
commissions, fees, and other earnings of Husband and Wife after any divorce,
legal separation or death of either spouse, shall be and remain the separate
property of Husband and Wife, respectively.
7.5 RETIREMENT PLANS.
7.5.1 Wife’s Retirement Plans.
Husband hereby waives, disclaims, and relinquishes any rights or interests which
Husband might otherwise have in any qualified or unqualified employee benefit
plans or retirement accounts in which Wife currently or in the future partici-
pates. Husband and Wife further acknowledge and agree that even though the
account balances and other accrued benefits of Wife may be the separate prop-
erty of Wife, Husband might acquire additional rights in the retirement interests
of Wife under federal law absent this Agreement. Husband agrees to execute
any waivers, consents, elections, and other documents regarding such plans and
trusts and accounts immediately upon request by Wife.
Husband and Wife understand and agree that from time to time contribu-
tions may be made to the retirement plans and accounts in which Wife par-
ticipates. Such contributions to the plans and accounts could be interpreted
under community property law, if it were not for this Agreement, to constitute
the community property of Husband and Wife, but Husband specifically waives
any community property interest he may have in and to such plans, trusts, and
accounts and Husband’s interest therein and acknowledges for all purposes that
the plans, trusts, and accounts including future contributions from whatever
source, and any income, issues, profits, appreciations, and other increases in
value shall be the sole and separate property of Wife.
Nothing herein shall prevent Wife, by writing executed after the date hereon,
from giving Husband an interest in any retirement plan she may now have or
hereafter acquire.
7.5.2 Husband’s Retirement Plans.
Wife hereby waives, disclaims, and relinquishes any rights or interests which
Wife might otherwise have in any qualified or unqualified employee benefit plans
or retirement accounts in which Husband currently or in the future participates.
Husband and Wife further acknowledge and agree that even though the account
balances and other accrued benefits of Husband may be the separate property
of Husband, Wife might acquire additional rights in the retirement interests
of Husband under federal law absent this Agreement. Wife agrees to execute
any waivers, consents, elections, and other documents regarding such plans and
trusts and accounts immediately upon request by Husband.
Husband and Wife understand and agree that from time to time contribu-
tions may be made to the retirement plans and accounts in which Husband
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7.6 COMMUNITY PROPERTY AND LIABILITIES. 7 PROPERTY
participates. Such contributions to the plans and accounts could be interpreted
under community property law, if it were not for this Agreement, to constitute
the community property of Husband and Wife, but Wife specifically waives any
community property interest she may have in and to such plans, trusts, and
accounts and Husband’s interest therein and acknowledges for all purposes that
the plans, trusts, and accounts including future contributions from whatever
source, and any income, issues, profits, appreciations, and other increases in
value shall be the sole and separate property of Husband.
Nothing herein shall prevent Husband, by writing executed after the date
hereon, from giving Wife an interest in any retirement plan he may now have
or hereafter acquire.
7.6 COMMUNITY PROPERTY AND LIABILITIES.
The only property which shall be characterized as community property of Hus-
band and Wife shall be property which
• Husband and Wife agree in writing to be community property,
• the title to which property is acquired in the names of Husband and Wife
"as community property" or as "community property with rights of sur-
vivorship," or
• any personal property or bank accounts which are acquired in the joint
names of Husband and Wife as "joint tenants."
Any property other than personal property or bank accounts which is acquired
in the joint names of Husband and Wife as "joint tenants" shall be the separate
property of Husband and Wife in the proportions which they agree in writing
or, if they do not so agree, in the proportions in which each contributes to the
property. Any property which is acquired in the names of Husband and Wife as
"tenants in common" shall be the separate property of Husband and Wife in the
proportions specified in the document of title, and if no ownership proportions
are specified, then the property shall be considered owned in the proportions in
which each contributes to the property.
In the event property owned by either spouse is transferred to a trust of
which either Husband or Wife is sole Trustee and/or beneficiary, or Husband
and Wife are Co?Trustees and/or beneficiaries, the property shall retain the
character in which it was immediately prior to the transfer to the trust, unless
otherwise agreed, in writing, by Husband and Wife.
If any property is acquired by Husband and Wife as community property
pursuant to the foregoing provisions, then all of the rents, issues, profits, ap-
preciation, and other enhancements of value attributable to such community
property shall remain community property, and all proceeds of and all property
which is purchased with the proceeds of a sale of or loan secured by community
property shall be community property.
All liabilities which are incurred in the acquisition of any assets which are
considered to be community property pursuant to the foregoing provisions, and
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7.7 SUPPORT AND MAINTENANCE OF SPOUSES DURING
MARRIAGE. 7 PROPERTY
any other liabilities which Husband and Wife agree in writing to be community
liabilities, shall be discharged from the community property of Husband and
Wife. If community liabilities are discharged with the separate property of either
spouse, then the separate property of the spouse which paid the community
liability shall be entitled to reimbursement from the community property of
Husband and Wife.
7.7 SUPPORT AND MAINTENANCE OF SPOUSES DUR-
ING MARRIAGE.
During the marriage of Husband and Wife, all the living expenses of Husband
and Wife shall be paid with the separate property of the spouse incurring the
expense, unless otherwise agreed to by Husband and Wife. Further, in the event
Husband and Wife have children, the living expenses of the children shall be
paid from the community property of Husband and Wife, and to the extent that
the community property of Husband and Wife is insufficient, equally from the
separate property of Husband and Wife. Living expenses shall be considered
to include all expenses for food, clothing, shelter, entertainment, travel, educa-
tion, medical and dental care, household supplies, and automobile repairs and
maintenance.
7.8 ALTERING THE CHARACTER OF PROPERTY.
Husband and Wife can alter the character of their property, whether it be
separate or community, only by jointly executing a written document which
provides
• a specific description of the property, the character of which is to be al-
tered, and
• the nature of the alteration in the character of the property.
If one spouse manages the separate property of the other or assumes all man-
agerial responsibilities of the community property, whether by agreement of
the spouses or otherwise, the character of the property, including all rents,
issues, profits, appreciation, other enhancements, and property acquired with
the proceeds from the sale of or a loan secured by such property, shall remain
unchanged.
Neither the commingling of community property with the separate property
of one spouse nor the commingling of the separate property of one spouse with
the separate property of the other shall alter the character of the property
commingled.
7.9 MANAGEMENT OF PROPERTY.
Husband and Wife shall each manage his or her own separate property. Hus-
band and Wife shall each have equal rights and obligations in managing their
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7.10 PROPERTY/SUPPORT RIGHTS UPON DIVORCE OR
SEPARATION. 7 PROPERTY
community property. Either spouse can assign his or her managerial rights and
obligations to the other by executing a power of attorney specifying the rights
and obligations assigned. Such a power of attorney shall have no effect upon the
character of the subject property. In addition, Husband and Wife each agree to
sign any quitclaim deeds, powers of attorney, loan applications, or other docu-
ments which are required by the other spouse in managing his or her separate
property and liabilities; provided that the spouse shall not be responsible for
any of the obligations or liabilities of the other spouse related to said spouse’s
separate property.
7.10 PROPERTY/SUPPORT RIGHTS UPON DIVORCE
OR SEPARATION.
If either Husband or Wife shall seek a divorce or to become legally separated,
Husband and Wife hereby, agree that neither shall be entitled to spousal sup-
port, separate maintenance, alimony, preliminary allowances, or attorneys’ fees
related to the issues described in this Agreement from the other spouse. Hus-
band and Wife further agree that upon the divorce or legal separation of the
spouses, each shall be entitled to receive his or her own separate property and
one-half of any community property which is acquired by the spouses pursuant
to this Agreement. Husband and Wife each hereby waive, discharge, and release
all claims and rights that he or she may otherwise have by reason of marriage to
share in the property of the other spouse upon their divorce or legal separation.
7.11 RIGHTS UPON DEATH OF A SPOUSE.
Each spouse waives, discharges, and releases all claims and rights that he or
she might otherwise acquire in the estate of the other spouse upon the death of
the other spouse (including, but not limited to, the right to serve as personal
representative of the deceased spouse) except as follows:
• The surviving spouse shall be entitled to the surviving spouse’s one-half
(1/2) of any property which is the community property of the spouses
pursuant to this Agreement.
• The surviving spouse shall be entitled to any property which is specifically
transferred to the surviving spouse by beneficiary designation or under the
terms of the will, trust agreement, or other valid form of testamentary or
inter vivos disposition of the property of the deceased spouse.
• The surviving spouse shall be entitled to any property which is expressly
owned jointly or as community property with rights of survivorship by
Husband and Wife.
• The surviving spouse shall be entitled to all property for which the de-
ceased spouse makes no testamentary provision and to which the surviving
spouse is entitled under laws of intestate succession.
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8 MISCELLANEOUS.
• The surviving spouse shall be entitled to serve as personal representative
of the estate of the deceased spouse if specifically nominated as such in the
will, trust agreement, or other valid form of testamentary or inter vivos
disposition of the property of the deceased spouse.
8 MISCELLANEOUS.
• Termination or Amendment. This Agreement can only be terminated or
amended by written agreement executed by Husband and Wife.
• Good Faith and Fair Dealing. This agreement shall be underwritten by
the duty of good faith and fair dealing.
• Applicable Law and Choice of Forum. This Agreement shall be governed
by and construed in accordance with the laws of the State of Nevada.
Furthermore, if a divorce is ever pursued by either of the parties, and
either of the parties is then a resident of the State of Nevada, then the
District Court in Washoe County, Nevada shall have exclusive jurisdiction
to grant a divorce and to determine all the issues provided for in this
Agreement.
• Gender and Number. As used in this Agreement, the masculine, femi-
nine, and neuter gender, and the singular or plural number, shall each be
considered to include the others whenever the context so indicates.
• Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the legal representatives, heirs, successors, and
assigns of Husband and Wife.
• Independent Counsel and Full Disclosure. Husband and Wife have each
been adequately represented in connection with this Agreement by counsel
of his or her own choosing, and each has had sufficient opportunity to
obtain the advice of that attorney with respect to this Agreement. Each
has read this Agreement, has business experience and acumen substantial
enough to understand it, was not coerced into making a rash decision by
the circumstances under which the Agreement was signed, has had the
contents of the Agreement fully explained to him or her by his or her
legal counsel, and is fully aware of the contents and legal effects thereof,
including the rights that, but for this Agreement, would be conferred by
law upon him or her by virtue of the proposed marriage and the rights he or
she is forfeiting by executing this Agreement. Each believes and represents
to the other that he or she is not greatly disfavored by this Agreement,
and, therefore, no presumption of fraud shall arise with respect to this
Agreement. Each believes and represents to the other that this Agreement
is not unconscionable. Husband and Wife have each entered into this
Agreement with adequate knowledge of the financial resources of the other.
Husband and Wife hereby voluntarily and expressly waive further right to
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8 MISCELLANEOUS.
additional financial disclosures by the other party and waive any right to
raise the lack of fair and reasonable disclosure of financial resources as a
reason for not enforcing this Agreement.
• Severability. The unenforceability, invalidity, or illegality of any provision
of this Agreement shall not render the other provisions unenforceable,
invalid, or illegal.
• Entire Agreement. This Agreement supersedes all prior agreements and
contains the entire agreement of Husband and Wife. No other agreement,
statement, or promise made by the parties or any agent of a party that is
not in writing and signed by both Husband and Wife shall be binding.
• Changing Circumstances. Husband and Wife hereby acknowledge and
agree that life is unpredictable and circumstances change. This Agreement
is executed with the full knowledge and expectation that in spite of the
many changes to the financial condition, employment, physical condition,
mental condition, or any other changes, whether considered to be material
or immaterial, to either or both of the parties hereto, or any changes with
respect to external factors such as the condition of the national economy,
it is the desire and intent of the parties that this Agreement continue to
be binding and in full force and effect. Further, notwithstanding the em-
ployment or termination of employment of either party in the future, both
parties intend to continue to be bound by the terms of this Agreement,
have considered the possibility of such occurrence before entering into this
Agreement, and prior to the termination of any employment will consider
the consequences in light of this Agreement.
• Joint Income Tax Returns. Notwithstanding the fact that Husband and
Wife may file joint income tax returns during their marriage, such returns
shall not transmute the character of any separate property of Husband or
Wife to community property.
• Captions. The captions in this Agreement shall have no effect on its
interpretation.
Dated this day of , 201 .
NAME OF WIFE
NAME OF HUSBAND
STATE OF NEVADA )
)ss:
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