PRENUPTIAL AGREEMENT
This Prenuptial Agreement (the “Agreement”) sets out the terms and conditions upon
which Jonathan Pierre Lacotte born on 06/06/1993 (the “Husband”) and Alice Noemie
Lucie, born on 09/26/1993 (the “Wife”) both residing 1,000 Chestnut Street, Apartment
94109, San Francisco, California 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
04/16/2021 at California, Santa Clara County.
WHEREAS: The Parties are each 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 in the event that the contemplated Marriage does not take place for any reason
whatsoever or 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 and wages).
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 be formalized in accordance
with 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 other 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 a full and complete disclosure of their
assets and liabilities in Schedules A and B.
6.3 Each Party declares that they have reviewed and understand 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. - 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 are entering into this Prenuptial Agreement
entirely of their own free-will and volition and expressly declare that they are
acting entirely free from any kind of influence, interference, 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 waiver their rights to dispute this Prenuptial
Agreement on the basis of 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 with regard to 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 or could 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 California.
16.2 Disputes under this prenuptial Agreement shall be subject to the exclusive
jurisdiction of the California Courts.
IN WITNESS WHEREOF, the Parties execute the agreement as follows:
Wife Signature: ______
Husband Signature: ___ - SCHEDULE A – JONATHAN LACOTTE’S ASSETS, LIABILITIES, AND
EXPECTED GIFTS AND INHERITANCE
1.1 ASSETS
Jonathan Lacotte owns $ 22, 628 of cash on his SFIO Account, Account number:
700985246
1.2 LIABILITIES
Jonathan Pierre Lacotte still owns a loan of 10,458 euros before the 20th of September
2023, contracted with Societe Generale. Jonathan Pierre Lacotte owns another student
loan of 10,000 EUR contracted with Societe Generale due before 20th of June 2026.
1.3 EXPECTED INHERITANCE AND GIFTS
NONE
- SCHEDULE B – ALICIE NOEMIE LUCIE’S ASSETS, LIABILITIES, AND
EXPECTED GIFTS AND INHERITANCE
2.1 ASSETS
Alice Noemie Lucie Boucher purchased an apartment at 1 Boulevard Carnot, 94140
Alfortville, France of 41m2.
Alice Noemie Lucie Boucher purchased stocks and owns with REVOLUT Bank number
LT63 3250 0074 3161 0188 as followed:
112,15 stocks of Datadog
408,02 stocks of NIO
8,02 stocks of TESLA
39,95 stocks of Xpeng
Alice Noemie Lucie Boucher owns a Life Insurance contracted in 2020 with “Intencial
Patrimoine”, current value 7,000 EUR.
Alice Noemie Lucie Boucher owns cash on her
Chase Account $13,000 account number 697891882
Societe Generale account: 10 000 EUR account number IBAN FR76 3000 3016
5800 0500 7202 573
2.2 LIABILITIES
Alice Noemie Lucie Boucher contracted a debt of 257,000 EUR/ $310,000 with AXA
Banque to purchase an apartment in 2020. Location of the apartment: 1 Boulevard
Carnot, 94140 Alfortville, France
2.3 EXPECTED INHERITANCE AND GIFTS
Alice Noemie Lucie Boucher received a Longines watch and 3 Hermes jewels as gifts
before mariage that shall remain separated. Total value 5,000 EUR.
Alice Noemie Lucie Boucher is expected to receive inheritance from her parents Thierry
Boucher & Helene Boucher residing at 10 avenue des ericas, 1640 Rhode Saint
Genese, Belgique :
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