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Before Marriage Prenuptial Agreement Template for United States

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Key Requirements PROMPT example:

Before Marriage Prenuptial Agreement

"I need a Before Marriage Prenuptial Agreement under California law that protects my technology startup company and intellectual property portfolio, while ensuring fair treatment of future marital assets; we plan to marry in March 2025."

Document background
The Before Marriage Prenuptial Agreement is a crucial legal document used by couples planning to marry in the United States who wish to establish clear financial arrangements and protect their assets prior to marriage. This agreement is particularly important for individuals with significant assets, business interests, inheritance expectations, or those entering second marriages. It must comply with both federal laws and state-specific requirements, including the Uniform Premarital Agreement Act where adopted. The document typically includes comprehensive financial disclosures, detailed property classifications, provisions for future asset distribution, and arrangements for spousal support. To ensure enforceability, both parties must have adequate time to review the agreement and access to independent legal counsel. The agreement becomes effective upon marriage and can only be modified through formal written amendments agreed upon by both parties.
Suggested Sections

1. Parties: Identifies the parties entering into the agreement, including their full legal names, addresses, and any other identifying information

2. Background: States the context of the agreement, including the planned marriage date and the parties' intention to define their financial and property rights

3. Definitions: Defines key terms used throughout the agreement to ensure clarity and prevent misinterpretation

4. Purpose and Intent: Clearly states the objectives of the agreement and confirms both parties' desire to define their rights and obligations

5. Effective Date: Specifies when the agreement becomes effective (typically upon marriage)

6. Separate Property: Details what constitutes separate property for each party and how it will remain separate after marriage

7. Marital Property: Defines how property acquired during marriage will be characterized and divided

8. Income and Earnings: Addresses treatment of income, wages, and earnings during marriage and upon dissolution

9. Debts and Liabilities: Specifies handling of existing and future debts and financial obligations

10. Spousal Support: Addresses if and how spousal support/alimony will be handled in case of divorce

11. Death and Inheritance: Outlines rights and obligations of each party upon death of the other

12. Disclosure: Acknowledges that both parties have made full and fair disclosure of their financial situations

13. Representation: States that each party had the opportunity for independent legal counsel

14. Governing Law: Specifies which state's laws govern the agreement

15. Modification: Explains how the agreement can be modified after execution

16. Severability: States that if any provision is found invalid, the remainder of the agreement remains valid

17. Execution: Formal signing section with attestation and notarization requirements

Optional Sections

1. Business Interests: Addresses treatment of business ownership and interests when one or both parties own businesses

2. Intellectual Property: Covers ownership and rights to intellectual property when one or both parties have significant IP assets

3. Trust Provisions: Include when either party has or plans to establish trusts

4. Children from Prior Relationships: Addresses financial provisions for existing children from previous relationships

5. Retirement Accounts: Detailed provisions for retirement accounts when parties have significant retirement assets

6. Real Estate: Specific provisions for real estate holdings when parties own or plan to own significant real estate

7. Pets and Animals: Provisions for pet ownership and care when parties have beloved pets

8. Religious Requirements: Includes specific religious requirements or considerations when parties have religious concerns

9. Digital Assets: Addresses ownership and rights to digital assets and cryptocurrencies when relevant

10. International Property: Specific provisions for international assets when parties have property in multiple countries

Suggested Schedules

1. Schedule A - First Party's Financial Disclosure: Detailed list of first party's assets, liabilities, income, and financial interests

2. Schedule B - Second Party's Financial Disclosure: Detailed list of second party's assets, liabilities, income, and financial interests

3. Schedule C - Separate Property Inventory: Comprehensive inventory of property designated as separate property for each party

4. Schedule D - Business Valuations: Professional valuations of any business interests owned by either party

5. Schedule E - Real Estate Appraisals: Appraisals and details of real estate owned by either party

6. Appendix 1 - Certificate of Independent Legal Advice: Signed certificates from each party's legal counsel confirming independent advice

7. Appendix 2 - Supporting Documentation: Additional documentation such as bank statements, investment accounts, and property deeds

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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