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2013년 7월 9일 화요일

Prenuptial Details

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Governing Law
Laws of which State will govern this agreement?

Party Information
Future Husband
Full Name:
Referred Name:		(The name the party would like to be referred to as throughout the agreement. e.g. Pat)
City/Town:
State:

Future Wife
Full Name:
Referred Name:		(The name the party would like to be referred to as throughout the agreement. e.g. Jesse)
City/Town:
State:

Property

Do you want to make a list of each party's present property?

What types of property should be treated as

separate property?

Choosing this option offers the highest degree of 'protection' for parties seeking to keep property separate.

Do you want to make a list of the parties' shared property?

How should shared property be assessed in the event of separation?

Transfers From One Party to Another
Should the transfer of present or future property between the parties be evidenced in writing?

Debts
Do you want to make a list of each party's present debts?

What types of debts should be treated as separate debts?

Choosing this option offers the highest degree of 'protection' for parties seeking to keep debts separate.

Do you want to make a list of the parties' shared debts?

How would shared debts be assessed in the event of separation?

Children
Dependent children from previous relationships?

Dependent children from parties' relationship?

Support

Will one party be entitled to support in the event of separation?

Who will be entitled?

Type of support: (choose all that apply)

Lump sum payment

Monthly Payment

Property (e.g. the motor vehicle)

Other

Estate Issues

Will a party be entitled to receive anything from the other party's estate?

Additional Clauses
How many additional clauses do you want to create?

Signing Details
Agreement to be signed?

Where will the future husband be signing the document?
Where will the future wife be signing the document?

Party signing in front of?

Agreement to be executed in front of a notary public?

Would you like each party to receive a Certificate of Independent Legal Advice?
Note: Each spouse is entitled to full and independent legal advice. It’s a good idea to have independent legal counsel as it prevents your future spouse from later claiming that they did not understand the terms of the prenuptial agreement.

Prenuptial Agreement Sample

This is a prenuptial agreement sample. Its purpose is to give you a sample of what a prenuptial agreement looks like and what sort of terms are contained in a prenuptial agreement – to give something concrete to all the theory on this website. You would be very foolish simply to copy this agreement and use it for your own, as everyone’s circumstances differ, and the law differs in every state. Instead I recommend that you study this sample and use it as a basis for getting a Do-it-yourself Prenuptial Agreement.

THIS AGREEMENT MADE IN TRIPLICATE THIS 28th day of July, 2011

BETWEEN:

JOHN SMITH

of the City of Los Angeles
in the State of California

- AND -

SALLY JONES

of the City of San Diego
in the State of California

PRENUPTIAL AGREEMENT

BACKGROUND

This Prenuptial Agreement is made between JOHN SMITH (hereinafter called “John”) andSALLY JONES (hereinafter called “Sally”) who are contemplating marriage each to the other;
The parties intend for this Agreement to become effective upon their marriage pursuant to the laws of the State of California, including any Uniform Premarital Agreement Act, or other applicable laws, adopted by the State of California;
The parties wish to enter into this agreement to provide for the status, ownership, and division of property between them, including future property owned or to be acquired by either or both of them;
The parties further wish to affix their respective rights and liabilities that may result from this relationship;
The parties recognize the possibility of unhappy differences that may arise between them. Accordingly, the parties desire that the distribution of any property that either or both of them may own will be governed by the terms of this Agreement and, insofar as the statutory or case law permits, intend that any statutes that may apply to them, either by virtue of Federal or State legislation, will not apply to them;
Each party has had the opportunity to retain their own lawyer and receive independent legal advice regarding the terms of this Agreement;
The parties have exchanged financial statements providing full and complete disclosure of substantially all of the assets and liabilities property now owned or owing by each of them and voluntarily and expressly waive any other rights to disclosure of the property or financial obligations of each other beyond the disclosure provided;
The parties acknowledge that they have been provided with at least seven days to review this Agreement and obtain legal advice before signing;
Each party agrees and affirms the following:
1. THAT the parties did execute the Agreement voluntarily;
2. THAT this Agreement was not unconscionable when it was executed;
3. THAT both parties were provided prior to execution of the Agreement a fair and reasonable disclosure of the property or financial obligations of the other party; and
4. THAT he or she did have, or reasonably could have had, an adequate knowledge of the property or financial obligations of the other party.

NOW THEREFORE in consideration of the upcoming marriage, and in consideration of the mutual promises and covenants contained in this Agreement, the parties agree as follows:

PROPERTY

Except as otherwise provided in this Agreement, such property as is listed in Schedules “A1″and “A2″ attached hereto will be and remains the property of the owner described in the said schedule and the other party will have no right to or interest in such present property.
Unless a particular piece of property is explicitly documented as being owned by both parties, the following types of property will not be deemed as shared property:
1. any property owned by a party at the date of execution of this Agreement; and
2. any property acquired by a party through an inheritance.
Except as otherwise provided in this Agreement, such property as is listed in Schedule “B”attached hereto will be and remain the property of both parties.
In the event of the parties separating, or upon the death of a party, any jointly-acquired or jointly-held property will be deemed to be owned equally with each party entitled to fifty percent (50%) of the net equity of the property, regardless of the initial or ongoing proportion of each party’s investment, unless the parties otherwise agree in writing.
Nothing in this agreement will prevent or invalidate any gift, or transfer for value, from one party to the other of present or future property provided such gift or transfer is evidenced in writing signed by both parties.
Unless a party can reasonably show that he or she solely owns a piece of property, where either party commingles jointly owned property with separate property, any commingled property shall be presumed to be jointly-owned property of the parties.
DEBTS
Except as otherwise provided in this Agreement, such debts as are listed in Schedules “A1″and “A2″ attached hereto will be and remain the debts of the party described in the said schedule and the other party will have no financial obligations with respect to paying back the debts.
Unless a particular debt is documented as being owed by both parties, the following types of debts will not be deemed as shared debts:
1. any debts already owing by one party at the date of execution of this Agreement.
Except as otherwise provided in this Agreement, such debts as are listed in Schedule “B”attached hereto will be and remain the debts of both parties.
In the event of a separation, each party will be financially responsible for 50% of any jointly-acquired or jointly-held debts, regardless of the initial or ongoing proportion of each party’s borrowed amount, unless the parties otherwise agree in writing.
CHILDREN
The parties acknowledge that John Smith has a dependent child from a previous relationship, namely:John Junior Smith born August 6, 2003
The parties acknowledge that they have a child from their relationship together, namely:Sally Junior Smith born April 17, 2011
The parties further acknowledge that in the event of a separation, any rights and obligations of the parties relating to the children of the parties, including the issues of child support, custody and access, will be governed by Federal laws and/or the laws of the State of California.
The parties recognize the authority of the court to determine what arrangements are in the best interests of the children, and understand that court orders may affect the arrangement of the parties as stated in this Agreement.
SUPPORT
In the event that there is a separation of the parties, Sally will be entitled to support in the monthly amount of 1000 every month on the condition that the parties are married for a minimum of 2 years.
The parties realize that their respective financial circumstances may be altered in the future by changes in their health, the cost of living, their employment, their marital status, the breakdown of their relationship, or otherwise. No such changes shall give either party the right to seek additional support under any legislation, Federal or State. It is understood by each party that this Agreement represents a final disposition of all maintenance and support issues between them.
ESTATES AND TESTAMENTARY DISPOSITION
So long as the parties are together at the time of death of one of the parties, the parties desire to grant each other the following specific rights and release each other from all other claims and rights they may afterwards acquire as a result of their cohabitation:
1. rights to death or survivor benefits under any government or employer pension plan.
whether by way of present or future legislation, Federal or State, or under the law of any jurisdiction.
Nothing in this Agreement limits or affects either party’s right to make specific or general gifts or bequests to the other party pursuant to any will or testamentary disposition in effect at the time of death of the deceased party.
SEVERABILITY
Should any portion of this Agreement be held by a court of law to be invalid, unenforceable, or void, such holding will not have the effect of invalidating or voiding the remainder of this Agreement, and the parties agree that the portion so held to be invalid, unenforceable, or void, will be deemed amended, reduced in scope, or otherwise stricken only to the extent required for purposes of validity and enforcement in the jurisdiction of such holding.
INTENTION OF THE PARTIES
Notwithstanding that the parties acknowledge and agree that their circumstances at the execution of this Agreement may change for many reasons, including but without limiting the generality of the foregoing, the passage of years, it is nonetheless their intention to be bound strictly by the terms of this Agreement at all times.
DUTY OF GOOD FAITH
This Agreement creates a fiduciary relationship between the parties in which each party agrees to act with the utmost of good faith and fair dealing toward the other in all aspects of this Agreement.
FURTHER DOCUMENTATION
The parties agree to provide and execute such further documentation as may be reasonably required to give full force and effect to each term of this Agreement.
TITLE/HEADINGS
The headings of this Agreement form no part of it, and will be deemed to have been inserted for convenience only.
ENUREMENT
This Agreement will be binding upon and will enure to the benefit of the parties, their respective heirs, executors, administrators, and assigns.
GOVERNING LAW
The laws of the State of California will govern the interpretation of this agreement, and the status, ownership, and division of property between the parties wherever either or both of them may from time to time reside.
TERMINATION OR AMENDMENT
This Agreement may only be terminated or amended by the parties in writing signed by both of them.

IN WITNESS WHEREOF the parties have hereunto set their hands and seals as of the day and year first written above.

SIGNED, SEALED AND DELIVERED

In the presence of:

_____________________________
Witness
Printed Name: ______________________________________________
Witness
Printed Name: _________________

________________________
John Smith

_____________________________
Witness
Printed Name: _________________

	Do-it-yourself Prenuptial Agreement
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How To Prevent Weight Gain After Marriage

A Brief Treatise of Testaments and Last Willes

by Henry Swinburne, BCL (1590/1)

This online resource is available only by subscription to Early English Books Online.

[Citation] [Title page]

	Tables
1.	What a Testament or last Will is; and how many kinds of Testaments there be.
2.	What persons may make a Testament, and who may not.
3.	What things, and how much may be disposed by Will.
4.	How or in what manner Testaments or last Wills are to be made.
5.	What persons may be appointed Executors, and who be incapable of an Executorship or Legacy.
6.	The office of an Executor.
7.	By what means Testaments or last Wills become void.
	Index.

[subscription only]

Tables

1.	What a Testament or last Will is; and how many kinds of Testaments there be.
2.	What persons may make a Testament, and who may not.
3.	What things, and how much may be disposed by Will.
4.	How or in what manner Testaments or last Wills are to be made.
5.	What persons may be appointed Executors, and who be incapable of an Executorship or Legacy.
6.	The office of an Executor.
7.	By what means Testaments or last Wills become void.

[subscription only]

Part 1
What a Testament or last Will is; and how many kinds of Testaments there be.
1 Whether a Testament, and a last Will, be both one thing, and of the manifold signification of this word Testament. 1
2 The definition of a Testament. 3v
3 An exposition of the same definition. 4v
4 The definition of a last Will. 10v
5 The definition of a Codicil. 11v
6 The definition of a Legacy. 14v
7 The definition of a gift in regard, or because of death. 16
8 The division of Testaments. 16v
9 Of a solemn Testament. 17
10 Of an unsolemn Testament. 18
11 Of a written Testament. 22
12 Of a nuncupative Testament. 24
13 Of privileged Testaments. 24v
14 Of a military Testament. 25
15 Of the Fathers Testament among his Children. 29
16 Of a Testament ad pias causas (for religious works). 30
17 Of unprivileged Testaments. 32

[subscription only]

Part 2
What persons may make a Testament, and who may not.
1 Whether every person may make a Testament. 34
2 Of children. 35
3 Of mad folks and lunatic persons. 36
4 Of Idiots and Fools. 39
5 Of Old men. 41v
6 Of him that is drunk. 42
7 Of slaves and villains. 42v
8 Of Captives and Prisoners. 45
9 Of a woman Covert. 46
10 Of those which be deaf and dumb. 51
11 Of him that is blind. 52
12 Of Traitors. 52v
13 Of Felons. 53
14 Of Heretics. 54v
15 Of an Apostata (apostate). 55
16 Of manifest Usurers. 56
17 Of incestuous persons. 57
18 Of Sodomites. 58
19 Of a Libeller. 58
20 Of him that kills himself (suicide). 58v
21 Of him that is outlawed. 58v
22 Of an Excommunicate person. 60
23 Of prodigal persons. 61
24 Of him that has sworn not to make a Testament. 60v
25 Of him that is at the very point of death. 61
26 Of Ecclesiastical persons. 63v
27 Of Kings. 65

[subscription only]

Part 3
What things, and how much may be disposed by Will.
1 What things are examined in this third part. 69
2 Lands, Tenements and Hereditaments cannot pass by will, but in certain cases. 69v
3 Certain cases approved by custom, wherein it is lawful to bequeath, or devise Lands, Tenements and Hereditaments. 70v
4 Certain cases authorized by the Statutes of this Realm, whereby it is lawful to bequeath, or devise Lands, Tenements and Hereditaments. 77v
5 Of the devise of goods and chattels. 91
6 Diverse kinds of goods and chattels not devisable by Will. 91
7 Of the assigning of Tutors, and disposing of children's portions. 95
8 Of committing the tuition of children, and custody of their portions within the province of York. 96
9 Who may appoint a Tutor. 96v
10 Who may be appointed Tutor. 97
11 To whom a Tutor may be appointed. 97v
12 Of the manner of appointing Tutors. 100v
13 Of the office and authority of a Tutor. 101
14 By what means the Tutorship is ended. 102
15 What quantity of Lands may be devised by will. 103
16 What quantity of goods or chattels may be devised by testament. 103v
17 If the Testator do in fact bequeath more than he may by Law, which legacy is to be preferred, or what other course is to be followed. 106v
18 Of childrens portions, especially within the Province of York. 116 [1611 edition]

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Part 4
How or in what manner Testaments or last Wills are to be made.
1 Of the forms of Testaments. 111
2 Of the general, substantial, form of a Testament. 111v
3 After how many sorts an Executor may be made. 113
4 Of a simple assignation of an Executor. 113v
5 Of a conditional assignation, or nomination of an Executor. 120
6 Of the effect of a conditional disposition. 123
7 Whether every possible condition ought to be observed precisely. 128
8 Whether the condition be accounted for accomplished in Law, when it does not stand by the Executor or Legatary, wherefore the same in not accomplished. 130v
9 Whether he that is made Executor, or to whom any Legacy is bequeathed conditionally, may in the mean time while the condition depends, be admitted to the executorship, or obtain the Legacy by entering into bonds to perform the condition, or else to make restitution. 136
10 Whether it be sufficient that the condition was once accomplished, though the same does not continue. 141
11 Of divers conditions which may seem doubtful, whether they be lawful or unlawful: And first of those conditions, whereby the liberty of making Testaments in hindered, how far the same are lawful or unlawful. 145
12 Of those conditions whereby the liberty of marriage in hindered, how far the same are lawful or unlawful. 149
13 Whether the prohibition or forbidding of alienation of the goods bequeathed be good or not. 153v
14 Within what time the condition may or ought to be performed, no certain time being limited by the will. 156
15 Of the understanding of this usual condition (if he die without issue). 160
16 What order is to be taken concerning the administration of the goods of the deceased, while the condition of the executorship depends unaccomplished. 169
17 Of the making of an Executor, to or from a certain time. 170v
18 Of the making of an Executor universally or particularly. 175
19 Of making of Executors by degrees. 176v
20 How many may be appointed Executors. 180v
21 Of those things which do appertain to the apparance (preparation) of Testaments. 185
22 Of the particular forms of Testaments. 188
23 Of the form of a solemn Testament. 188v
24 Of the form of an unsolemn Testament. 189
25 Of the form of a written Testament. 189v
26 Of the form of a nuncupative Testament. 192
27 Of the particular forms of other Testaments or last Wills. 193v

[subscription only]

Part 5
What persons may be appointed Executors, and who be incapable of an Executorship or Legacy.
1 What persons may be appointed Executors or be capable of a Legacy. 195
2 Of a Heretic. 196v
3 Of an Apostate. 197v
4 Of Traitors and felons. 197v
5 Of him that is outlawed. 198
6 Of an Excommunicate person. 198
7 Of Bastards. 198
8 Of him that is mad. ???
9 Of an unlawful College (Assemblies). 202v
10 Of a Libeller. 203
11 Of Usurers, Sodomites, & other vicious persons. 203
12 Of an uncertain person. 203v
13 Of a Recusant convict. 234 [1611 edition]
Whether an Alien my be an Executor or Administrator. 313 [1677 edition]

[subscription only]

Part 6
The office of an Executor.
1 Of the office of an Executor. 205
2 Of accepting or refusing the Executorship: And first, whether the Executor may be compelled to accept the same. 207v
3 What is to be considered of the Executor, desirous to be resolved, whether it were better to accept or refuse the executorship. 208v
4 Of the time which the executor has to deliberate, whether he will undergo the Executorship. 216v
5 Of the office of an executor testamentary, undertaking the executorship. 217
6 Of divers questions about the making of an Inventory: and first, whether it be of necessity that an Inventory be made. 217
7 What things are to be put into the Inventory. 218
8 Within what time the Inventory is to be made. 219
9 Of the forms to be observed in the making of an Inventory. 219v
10 Of the effect and benefit of an Inventory. 220v
11 Of the probation and approbation of Testaments; and namely before whom the same are to be proved. 221
12 By whom the Testament is to be proved. 222
13 When is the Testament to be exhibited and proved. 222v
14 Of the manner or form of proving and approving testaments. 223v
15 What fees are due about the probation and approbation of Testaments. 225v
16 Of the payment of debts, legacies, and mortuaries. 228
17 Of the making of an account; and first of the necessity thereof. 232v
18 To whom the account ought to be made. 233v
19 Of the time of making an account. 234
20 Of the manner of making an account. 234v
21 Of the end and effect of an account. 235v
22 Of the Executor refusing the Executorship, and what he is to take heed of. 236v

[subscription only]

Part 7
By what means Testaments or last Wills become void.
1 By what means Testaments or last Wills become void. 239
2 Of Testaments made by fear. 240
3 Of Testaments made by fraud. 242
4 Of Testaments made by flattery. 243
5 Of Error. 244
6 Of uncertainty. 248v
7 Of uncertainty, either because no certain person is named, or some being named, none of that name is to be found. 249
8 Of uncertainty arising, for that there be divers persons of one name. 250
9 Of uncertainty by occasion of alternative or disjunctive speech. 252v
10 Of uncertainty respecting the thing bequeathed. 253v
11 Of uncertainty respecting the time or date of the Testament, namely where teo Testaments appear, and it is uncertain whether is the latter. 256
12 Of an unperfect Testament. 257
13 Of the defect in the Testators meaning. 260v
14 Of a later Testament. 262v
15 Of revoking the testament made. 268v
16 Of cancelling the testament made. 270v
17 Of the alteration of the state of the testator. 272
18 Of forbidding or hindering the testator to make another Testament. 273
19 When he that is named Executor, cannot or will not be Executor. 275v
20 Of ademption of legacies. 276v
21 Of translation of legacies. 281v
22 Of divers means whereby legacies are lost, considerable in the person of the legatary as of enmity, etc. 285v
23 Of the death of the legatary before the legacy be due. 289
24 Of the destruction of the thing bequeathed. 292

Epilogue 295

An Alphabetical Table of the particular contents of this Treatise, wherein is relation to each particular leafe. 296

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2013년 7월 9일 화요일

Prenuptial Agreement Sample

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A Brief Treatise of Testaments and Last Willes

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