Free Prenuptial Agreement

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Prenuptial Agreement

Surviving Spouse's Inheritance


Surviving Spouse's Inheritance



Frequently Asked Questions
What does it mean to restrict what the surviving spouse inherits?As long as it’s done before marriage, the parties can voluntarily give up their rights to inherit from the other’s estate. By doing so, they agree to not make a claim on the other’s estate upon death. Usually, spouses will waive rights to inheritance if they want to ensure that someone, like a dependent child, is provided for when they pass away.

Waiving rights to inheritance as a surviving spouse does not mean that spouses cannot leave assets to each other in their Will.


Your Prenuptial Agreement

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PRENUPTIAL AGREEMENT

THIS PRENUPTIAL AGREEMENT (the "Agreement") MADE ON THIS ________ day of ________________, ________

BETWEEN:

______________________
of __________

- AND -

______________________
of __________

  1. BACKGROUND
  2. This Agreement is made between ______________________ and ______________________ (collectively the "Parties" and individually a "Party") who are contemplating marriage each to the other.
  3. 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.
  4. The Parties further wish to affix their respective rights and liabilities that may result from this relationship.
  5. The Parties recognise 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 will not apply to them.
  6. The Parties acknowledge that they have been provided with a reasonable period of time to review this Agreement.
  7. The Parties also acknowledge that they have had the opportunity to retain their own solicitor and to receive independent legal advice regarding the terms of this Agreement.
  8. The Parties have disclosed to their satisfaction all assets and liabilities that each may have and voluntarily and expressly waive any other rights to disclosure of the property or financial obligations of each other beyond the disclosure provided.
  9. Each Party agrees and affirms THAT:
    1. The Parties did execute the Agreement voluntarily;
    2. This Agreement was not unconscionable when it was executed;
    3. Prior to execution of the Agreement, both Parties were provided a fair and reasonable disclosure of the property or financial obligations of the other Party;
    4. They have, or reasonably could have had, an adequate knowledge of the property or financial obligations of the other Party; and
    5. They entered into this Agreement freely and under no duress or undue influence on their decision by the other Party.
  10. The Parties acknowledge that this Agreement will continue upon termination of marriage whether by death, divorce, or otherwise.

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:

  1. PROPERTY
  2. The Parties acknowledge that this Agreement will govern any determination of ownership of property that may occur in the event of the Parties separating, or upon the death of a Party.
  3. All jointly acquired or jointly held property and the property listed in the attached Schedule "A", however and whenever acquired, will remain the property of and be owned by both Parties and will be treated as shared property (the "Shared Property").
  4. In the event of the Parties separating, or upon the death of a Party, all Shared Property will be deemed to be owned equally and each Party will be 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 have agreed otherwise in writing.
  5. Except as otherwise provided in this Agreement, all property will be treated as property owned solely by either one of the Parties (the "Separate Property") except where:
    1. it is Shared Property; or
    2. there is proof of shared legal ownership.
  6. 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.
  7. Unless a Party can reasonably show that they solely own a piece of property, where either Party commingles jointly owned property with Separate Property, any commingled property will be presumed to be Shared Property.
  8. DEBTS
  9. The Parties acknowledge that this Agreement will govern any determination of responsibility of debts that may occur in the event of the Parties separating, or upon the death of a Party.
  10. All jointly acquired or jointly held debts, however and whenever acquired, will remain the debts of and be owed by both Parties and will be treated as shared debts (the "Shared Debts").
  11. Except as otherwise provided in this Agreement, all debts will be treated as debts which are owed solely by either one of the Parties (the "Separate Debts") except where:
    1. it is Shared Debts; or
    2. there is proof of shared legal responsibility.
  12. MAINTENANCE
  13. In the event of a separation the Parties agree that spousal maintenance may be payable to one of the Parties on the basis of the Party's financial circumstances at the time of separation or otherwise. It is understood and accepted by each Party that spousal maintenance will be determined according to the appropriate laws.
  14. ESTATES AND TESTAMENTARY DISPOSITION
  15. Nothing in this Agreement will limit or affect any rights that each may acquire as spouse or surviving spouse in the property, assets or estate of the other spouse.
  16. Nothing in this Agreement will invalidate or prevent either Party from naming the other as a beneficiary by will or other testamentary disposition.
  17. SEVERABILITY
  18. 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.
  19. INTENTION OF THE PARTIES
  20. 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 except where it would produce a grossly unfair or unreasonable result.
  21. DUTY OF GOOD FAITH
  22. 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.
  23. FURTHER DOCUMENTATION
  24. 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.
  25. TITLE/HEADINGS
  26. The headings of this Agreement form no part of it and will be deemed to have been inserted for convenience only.
  27. ENUREMENT
  28. This Agreement will be binding upon and will enure to the benefit of the Parties, their respective heirs, executors, administrators, and assigns.
  29. GOVERNING LAW
  30. The laws of England 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.
  31. TERMINATION OR AMENDMENT
  32. This Agreement may only be terminated or amended by the Parties in writing signed by both of them.
  33. ENTIRE AGREEMENT
  34. The Agreement constitutes the entire agreement and understanding between the Parties to this Agreement and supersedes all prior communications, contracts, or agreements between these Parties with respect to the subject matter addressed in this Agreement, whether oral or written.

IN WITNESS WHEREOF the Parties have hereunto set their hands and seals on the ________ day of ________________, ________.

SIGNED, SEALED AND DELIVERED
In the presence of:

_____________________________
Witness
Printed Name: _________________

_____________________________
Witness
Printed Name: _________________

________________________
______________________



_____________________________
Witness
Printed Name: _________________

_____________________________
Witness
Printed Name: _________________

________________________
______________________


SCHEDULE "A"

Shared Property:

  1. ____________________________________________________________

CERTIFICATE OF INDEPENDENT LEGAL ADVICE


ENGLAND
COUNTY OF _________________


I, _________________________, of the City of ___________________, England, Barrister and Solicitor, DO HEREBY CERTIFY:

THAT I was this day consulted in my professional capacity by ______________________, named in the within instrument, being a Prenuptial Agreement, separate and apart from ______________________, as to their legal rights and liabilities under the terms and conditions of it, and that I acted solely for them, and explained fully to them the nature and effect of the said Prenuptial Agreement and they did execute it in my presence, and did acknowledge and declare that they were executing it of their own volition and without any fear, threats, compulsion or influence from ______________________, or any other person.

DATED at the City of ___________________, England, this _____ day of _________, 20___.

________________________
BARRISTER & SOLICITOR
Print Name: _________________





I, ______________________, the person named in the annexed Agreement, hereby acknowledges the foregoing this ____day of ______________20___.


________________________
______________________


CERTIFICATE OF INDEPENDENT LEGAL ADVICE


ENGLAND
COUNTY OF _________________


I, _________________________, of the City of ___________________, England, Barrister and Solicitor, DO HEREBY CERTIFY:

THAT I was this day consulted in my professional capacity by ______________________, named in the within instrument, being a Prenuptial Agreement, separate and apart from ______________________, as to their legal rights and liabilities under the terms and conditions of it, and that I acted solely for them, and explained fully to them the nature and effect of the said Prenuptial Agreement and they did execute it in my presence, and did acknowledge and declare that they were executing it of their own volition and without any fear, threats, compulsion or influence from______________________, or any other person.

DATED at the City of ___________________, England, this _____ day of _________, 20___.

________________________
BARRISTER & SOLICITOR
Print Name: _________________





I, ______________________, the person named in the annexed Agreement, hereby acknowledges the foregoing this ____day of ______________20___.


________________________
______________________

Last Updated February 13, 2024

Written by


Reviewed by


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What is a Prenuptial Agreement (Prenup)?

A Prenuptial Agreement, commonly called a prenup, is a domestic contract that spouses create before getting legally married. You cannot create a prenup after getting married.

This document sets out each partner’s financial responsibilities when they separate, divorce, or one dies. It also clarifies what’s shared or separate property (i.e., matrimonial and non-matrimonial). 

A prenup is crucial when a spouse believes they’ve worked hard to earn wealth before meeting their partner, and they want the division of property to be fair if the relationship ends.

Customise LawDepot’s Prenuptial Agreement template to write a document that suits your needs. Spend less time with an attorney and save money by simply bringing your draft to them for review. 

A Prenuptial Agreement is also known as a:

  • Marriage Agreement
  • Premarital Agreement
  • Antenuptial Agreement
Live together
but don’t intend to marry?
Use a Cohabitation Agreement instead.

Why should I get a prenup?

A prenup initiates an honest conversation about the legal status of marriage and the risk of an unpredictable future. 

Marriage is a commitment that changes a person’s legal rights and responsibilities. It’s useful to document your wishes to avoid any conflict or confusion if the marriage ends. This is especially important if you have:

  • Children from a previous relationship
  • Sizeable personal assets or debts
  • Investments in a business

Without a Prenuptial Agreement (or a Separation Agreement), courts divide marital property according to law. A prenup helps protect the standard of living each spouse had before entering the relationship

What does a prenup include?

LawDepot’s Prenuptial Agreement template covers the following information:

1. Party details

Include the full names and home addresses of each spouse entering into the agreement. 

2. Separate and shared assets

Each spouse may specify the assets that they’ll retain ownership of in the event of a breakup. Any such asset is known as separate property

Any assets that you list as shared property in your prenup will be divided equally in the event of a breakup (unless the spouses agree otherwise).

In most cases, the spouse with ownership rights keeps their assets if the relationship ends. However, laws may give spouses rights to certain assets (e.g., the matrimonial home) regardless of who’s on the property title. Consult a lawyer if you have questions about how the law applies to you.

3. Separate and joint debt

If one spouse accumulated debt before the relationship, they can claim sole responsibility for repaying this debt in the prenup. 

If you have joint debt, you can specify how much each spouse is responsible for in the event of a breakup. Typically, joint debts are split evenly between partners. However, you can use a prenup to allocate more or less debt to one partner over the other. 

4. Children

If you have them, you must state the names of all your children in your document. This is because children can have rights (such as the right to inheritance) that impact how courts enforce your prenup in the future. 

A prenup cannot include terms regarding child custody, child visitation, or child support for existing or future children. If you separate, a court will decide these issues based on the best interests of the child(ren).

5. Spousal maintenance

Addressing spousal maintenance (also called alimony or spousal support) in your Prenuptial Agreement is optional. If you don’t specify anything, courts will determine payments according to law. They’ll also consider the varying circumstances at the time of the divorce. 

If needed, take into account the following factors when determining spousal maintenance:

  • Which spouse will pay maintenance to the other
  • The specific amount to be paid
  • The frequency of payments (e.g., weekly or monthly)
  • The payment method
  • Any conditions on the payments (e.g., a spouse is entitled to maintenance if the marriage lasts for at least five years; payments may end if there is a change in income)

6. Inheritance rights

Once married, your spouse typically becomes entitled to half of your estate. However, you can use a Prenuptial Agreement to limit their inheritance rights. 

For instance, you might believe restricting your spouse’s inheritance won’t affect their financial security even if they separate or survive you. Or, you may wish to distribute a certain amount to another party, such as your children, extended family, or a charity. 

In any case, a prenup is a useful estate planning tool because courts typically uphold them—especially if the terms are consistent with the deceased’s Last Will and Testament.

Are prenups legally binding?

While a Prenuptial Agreement isn’t legally binding, the courts are likely to give it considerable weight when it’s drafted fairly and without fraud or duress. 

However, a court may rule that the contract (or a part of it) is void if one party can prove that the agreement is unfair or illegal.

For instance, a Prenuptial Agreement may be void or voidable if:

  • There was a failure to disclose all assets
  • There is evidence of fraud
  • There is evidence of duress (i.e., an action that forces another person to comply with the agreement) or unfairness
  • It was signed involuntarily
  • It includes content that is illegal or against public policy
  • It includes content that is perceived to promote divorce or separation

To avoid arguments over unfairness, duress, or fraud, each party in the Prenuptial Agreement should seek independent legal advice. Getting your contract reviewed by an attorney helps ensure its enforceability in the future.

Related Documents:

  • Last Will and Testament: Marriage is a significant life event that impacts the distribution of your estate when you die. Ensure your Last Will and Testament reflects your current situation.
  • Cohabitation Agreement: In a serious relationship but don’t plan on getting married? Use this contract to establish rights and responsibilities that the law typically doesn’t grant to unmarried couples.
  • Separation Agreement: You cannot create a prenup after marriage. Instead, use a Separation Agreement to address the division of property, debts, and other family responsibilities if your marriage dissolves.
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