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Prenuptial Agreement for the United States

Prenuptial Agreement Template for United States

A prenuptial agreement is a legally binding contract executed before marriage in the United States, designed to establish the property and financial rights of each spouse in the event of divorce or death. This document outlines the division of assets, financial responsibilities, and other key terms agreed upon by both parties, complying with state-specific laws and the Uniform Premarital Agreement Act where applicable.

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What is a Prenuptial Agreement?

The Prenuptial Agreement is a crucial legal document for couples planning to marry in the United States who wish to clearly define their financial rights and responsibilities before marriage. This agreement typically includes detailed provisions about property division, spousal support, and inheritance rights, while complying with both federal and state-specific legal requirements. It's particularly important for individuals with significant assets, business interests, or those entering second marriages. The document must be executed voluntarily with full financial disclosure from both parties, ideally with independent legal counsel to ensure enforceability.

What sections should be included in a Prenuptial Agreement?

1. Parties: Identification of both parties entering into the agreement

2. Background: Context of the agreement and upcoming marriage details

3. Definitions: Key terms used throughout the agreement

4. Property Rights: Division of separate and marital property

5. Financial Obligations: Financial responsibilities during marriage

6. Divorce Provisions: Asset division and support in case of divorce

7. Execution: Signing requirements and effective date

What sections are optional to include in a Prenuptial Agreement?

1. Estate Rights: Rights upon death of either spouse - include when parties want to address inheritance rights

2. Debt Allocation: How existing and future debts will be handled - include when either party has significant debt or concerns about future debt

3. Business Interests: Protection of business assets and income - include when either party owns a business or plans to start one

4. Sunset Clause: Agreement expiration after specified time - include when parties want agreement to expire after certain period

What schedules should be included in a Prenuptial Agreement?

1. Schedule A - Assets: Detailed list of each party's assets

2. Schedule B - Liabilities: Detailed list of each party's debts and obligations

3. Schedule C - Income: Current income details of both parties

4. Certificate of Independent Legal Advice: Confirmation that each party received independent legal counsel

Authors

Alex Denne

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

Jurisdiction

United States

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Clauses































Industries

State-Specific Laws: Core state legislation governing prenuptial agreements, including the Uniform Premarital Agreement Act (UPAA) where adopted, and state-specific requirements for validity and enforceability

Written Agreement Requirement: Legal requirement that the prenuptial agreement must be in writing and properly executed to be valid

Voluntary Execution: Requirement that both parties must enter into the agreement voluntarily and without duress or coercion

Financial Disclosure: Requirement for full and fair disclosure of all financial assets, liabilities, and income by both parties

Independent Legal Counsel: Recommendation for both parties to have independent legal representation to ensure fairness and enforceability

Execution Timing: Requirement for reasonable timing in signing the agreement, avoiding last-minute execution that could suggest duress

Federal Tax Laws: Internal Revenue Code implications affecting taxation of assets and transfers between spouses

ERISA Regulations: Federal laws governing retirement accounts and their treatment in prenuptial agreements

Social Security Considerations: Federal regulations regarding Social Security benefits and their treatment in marital agreements

Constitutional Requirements: Due process, equal protection, and right to contract considerations under the U.S. Constitution

Legal Precedents: Relevant state and federal court decisions affecting the interpretation and enforcement of prenuptial agreements

Prohibited Provisions: Restrictions on including terms related to child custody/support, provisions against public policy, unconscionable terms, or provisions encouraging divorce

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