PRENUPTIAL AGREEMENT
This Prenuptial Agreement (the “Agreement”) sets out the terms and conditions upon
which _______________ (the “Husband”), and
_____________(the “Wife”), shall manage their financial and legal affairs
upon Marriage to each other (together, the “Parties”).
RECITALS:
WHEREAS: The Parties are not yet married.
WHEREAS: The Parties are due to be married to each other (“the Marriage”) on
WHEREAS: The Parties are desirous of formalizing their respective joint and several
financial and legal rights, obligations, liabilities, and property rights arising from their
Marriage.
WHEREAS: The Parties intend this Prenuptial Agreement to become effective upon the
event of their Marriage.
WHEREAS: The Parties have made a complete and accurate disclosure of their
respective assets and liabilities (Schedules A and B).
NOW, THEREFORE, IT IS HEREBY AGREED as follows:
- DEFINITIONS. In this prenuptial Agreement:
1.1 “Income” shall mean any income howsoever arising due to the commercial activity,
work, employment, endeavors, skills, passive holding of assets, dividends, inheritance,
pensions, interest, rent, inheritance, investments, property, or arising from any other
source.
1.2 Unless it is evident from the context and having regards to the generality of this
prenuptial Agreement that a clause intends to mean otherwise: words denoted in the
singular only shall include the plural and vice versa; words denoted in any gender shall
include all genders; and, terms denoting people or persons shall include both natural
and legal persons (such as corporations) and vice versa.
1.3 The heading names in this Prenuptial Agreement are provided as reference only
and do not form part of this Prenuptial Agreement.
1.4 This prenuptial Agreement may be executed in English.
1.5 The illegality or unenforceability of any clause (or part thereof) shall have the effect
of voiding that clause (or part thereof) only and not the entirety of this Prenuptial
Agreement. - BREACH OF PROMISE CLAIM WAIVER
Both Parties agree and declare irrevocably that they have no right of action against the
other if the contemplated Marriage does not take place for any reason whatsoever that if
they had any such right, it is hereby irrevocably waived by both Parties. - EXCLUSIVE JURISDICTION OF THIS AGREEMENT
Both Parties agree and declare that in the event of the termination of the Marriage, they
will submit to the exclusive jurisdiction of this Prenuptial Agreement and irrevocably
waiver the right to make any claims arising out of the Marriage against the estate of the
other except under this Prenuptial Agreement. - SEPARATION OF PROPERTY Both Parties hereby agree:
4.1 That in the event of Marriage, they will each retain all rights and obligations over
their respective property, which is now owned (including assets, liabilities, and expected
inheritance and gifts) according to Schedule A and B.
4.2 That the property acquired during the Marriage (not inherited) shall become
common property (including business, wages and real estate properties).
4.3 That in the event of Marriage, they shall each have the absolute and unconditional
right to dispose of their respective separate property free from any claim by the other,
and their rights to their respective property shall remain as if they were not married.
4.4 That the Marriage shall not give either Party any right or benefit in the property of
the other Party.
4.5 That the above clauses (4.3 and 4.4) shall apply notwithstanding any investment by
one Party of time, effort, or money in the maintenance, improvement, or other
betterment of the property of the other Party.
4.6 That the above clauses (4.3and 4.4) shall continue indefinitely and that the passing
of time shall not affect the agreed separation of assets.
4.7 That the above clauses (4.3 and 4.4) shall apply notwithstanding any behavior,
Agreement, promise, or course of action which purports to confer the rights or
obligations of one Party upon the other unless it is formalized per clause 13 of this
Prenuptial Agreement. - WAIVER OF RIGHTS IN GENERAL
Each Party does hereby irrevocably renounce and waive any and all rights against the
other Party arising out of their Marriage whether granted by law, tradition, statute or in
any other way and over the assets of the other Party both in life and in death and in
whichever country or territory said assets may be held or registered and whether those
rights be acquired at the event of the Marriage or subsequently acquired, conferred,
received or obtained. Each Party also irrevocably renounces and waives the same
rights against any proxy, executor, attorney-in-fact, or another representative of the
other Party.
- SEPARATION OF OBLIGATIONS AND DEBTS It is agreed that:
6.1 The obligations, liabilities, and debts of each Party acquired before the Marriage
shall be entirely separate. Each Party hereby irrevocably declares that they will
indemnify, keep indemnified and hold harmless the other Party in respect of any and all
legal and financial obligations and debts incurred by that Party.
6.2 Both Parties warrant that they have given complete disclosure of their assets and
liabilities in Schedules A and B.
6.3 Each Party declares that they have reviewed and understood the Schedule of
property of the other Party. - FILING OF TAX RETURNS
The Parties recognize that they may elect to be assessed for income tax or other
taxation purposes as a married couple and/or submit a joint tax return, and nothing in
this Prenuptial Agreement shall preclude the Parties from so doing. The submission of a
joint tax return or the joint assessment of tax on the Parties shall have no effect upon
the separation of assets and obligations set out in clauses 5, 6, and 7 or any other
provision of this prenuptial Agreement. - CHANGE OF CIRCUMSTANCES AND RELATIVE WEALTH
The Parties acknowledge that during the course of the Marriage, their respective wealth
may increase, decrease or remain the same and hereby expressly and irrevocably
declare that no change in the financial circumstances of either Party shall have any
effect on this Prenuptial Agreement. - CHILDREN
Children of the Marriage (whether biological or adopted) shall have no effect on the
terms of this Prenuptial Agreement and nothing in this Prenuptial Agreement shall affect
the rights of the children to support. In case of divorce or separation, custody of the
children will be split evenly or assumed by the courts as to best fit. - INTENTION TO FORM BINDING RELATIONS
It is agreed that:
10.1 The Parties warrant that they have thoroughly read and understood every clause in
this Prenuptial Agreement.
10.2 The Parties warrant that they are aware that this Prenuptial Agreement is a binding
legal document and that they have each been given adequate time to consider the
consequences of signing it.
10.3 The Parties warrant that they enter into this Prenuptial Agreement entirely of their
own free will and volition and expressly declare that they are acting entirely free from
any influence, interference, or pressure (financial or otherwise), duress, or undue
influence from any third party whatsoever.
10.4 The Parties declare that they have each had the opportunity to take legal advice in
connection with entering into this Prenuptial Agreement and has either a) done so or b)
deemed it not necessary to do so.
10.5 The Parties hereby expressly waive their rights to dispute this Prenuptial
Agreement based on lack of autonomy, duress, undue influence, lack of volition, or lack
of understanding.
10.6 Both Parties warrant that this Prenuptial Agreement is fair and accurately reflects
their intention generally and concerning past and future assets and liabilities.
- OTHER WARRANTIES
11.1 Both Parties warrant that they have the necessary power and approval to enter into
the Agreement.
11.2 Both Parties warrant that they are not aware of anything in their reasonable
control, which will have an adverse effect upon their ability to perform their respective
obligations hereunder.
11.3 Each Party warrants that there is no litigation currently in progress, likely to be
commenced or threatened, which could adversely affect the other Party’s position.
11.4 The failure or delay by either Party to enforce any term of this Agreement or to act
upon a breach of any term shall not constitute a waiver of their rights. - DURATION. This Prenuptial Agreement shall commence on the date of its
execution and shall have effect indefinitely unless it is cancelled by the express
Agreement in writing of both Parties pursuant to clause 13. - VARIATION. Any variation to this Prenuptial Agreement shall be made in
writing and signed by both Parties. - NOTICES. Any notice served under this Prenuptial Agreement shall be
made in writing and shall be considered served if it is handed to the other Party
in person or delivered to their last known address or any other such address as
the Party being served may have notified as his address for service. All notices
shall be delivered in English. - CONFIDENTIALITY. Each Party irrevocably declare that they will keep
the contents of this Prenuptial Agreement confidential and agree to indemnify the
other against any and all losses arising from their making of the existence of this
Prenuptial Agreement or its contents known publicly.
- GOVERNING LAW, DISPUTES, AND ARBITRATION. It is agreed that:
16.1 The Prenuptial Agreement is made under the exclusive jurisdiction of the laws of
16.2 Disputes under this prenuptial Agreement shall be subject to the exclusive
jurisdiction of the ___ Courts.
IN WITNESS WHEREOF, the Parties execute the agreement as follows:
Wife Signature: ______
Husband Signature: ___
- SCHEDULE A – HUSBAND’S ASSETS, LIABILITIES, AND EXPECTED GIFTS
AND INHERITANCE
1.1 ASSETS
1.2 LIABILITIES
1.3 EXPECTED INHERITANCE AND GIFTS
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