PRENUPTIAL AGREEMENT

PRENUPTIAL AGREEMENT

 

THIS PRENUPTIAL AGREEMENT (‘the Agreement’) MADE ON THIS _____ day of_______,_____

BETWEEN:

 

__________________________ of ______________ (herein Party “A”)

 

-AND-

 

_________________________ of ________________ (herein Party “B”)

 

                 BACKGROUND

 

  1. This Agreement is made between_______________ and___________________ (collectively the “Parties” and individually a “Party”) who are contemplating marriage each to the other.

 

  1. The parties recognize that the other is gainfully employed and possesses property and assets independently acquired before their intended marriage such that each can provide for her individual needs. Each desire to enter this agreement realizing that either or both of the parties’ financial, health, or other circumstances may change substantially in the future. 

 

  1. The parties intend by this agreement to define and fix their respective rights and obligations to each other concerning spousal support and to any property now owned or hereafter acquired before or after the date of their marriage, in the event of termination of the marriage or legal process.

 

  1. A owns certain property as listed on Exhibit 1 attached hereto and incorporated herein, the nature and approximate value of which has been fully disclosed to B before the execution of this Agreement. Also listed on Exhibit 2 and previously disclosed to A is B’s indebtedness exclusive of her personal expenses.

 

  1. B owns certain property, both real and personal, as listed on Exhibit 2 attached hereto and incorporated herein, the nature and approximate value of which has been fully disclosed to A before the execution of this  Agreement. Also Listed on Exhibit 2 and previously disclosed to A is B’s indebtedness exclusive of her personal expenses.

 

  1. The parties acknowledge that each has;
  1. An adequate opportunity to negotiate, review, and consider the terms of this agreement; 
  2. The opportunity to be advised by an independent counsel of her choice as is their right under the law and the legal effect of the Agreement on those rights;
  3. Believes the provisions of the Agreement are fair, just, and reasonable; that each understands, assents to, and intends to be bound by its provisions;
  4.  Freely, voluntarily, and without any duress, undue influence, or illegal consideration entered into this Agreement. 

 

  1. This Agreement shall become effective only upon the marriage of the parties within a period of one (1) year from the date hereof, and, if such marriage is not solemnized within the said period, then this Agreement shall be null and void.

 

NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties mutually agree as follows:

 

AGREEMENTS

  1. Definition of Separate Property

For purposes of this Agreement, “separate property” shall be defined as:

  1. all assets in which each presently has an interest exclusive of the other as shown on the Schedules contained in Exhibit 1 and 2;
  2. any inheritances, gifts, bequests, or devices received by either of them after the date of the parties’ marriage;
  3. all appreciation, reinvestments, and proceeds of sale or redemption of any of the above property after the date of the parties’ marriage;
  4. any property designated as separate property by both parties in writing after the date of their marriage; and
  5. any income earned by either party during the marriage including salaries and bonuses.

 

  1. Separate Property During Marriage

Each party agrees to keep and retain the sole ownership and control of any property held as his or her separate property as herein defined without interference from the other and in the same manner as if the marriage had not occurred.

 

  1. Separate Obligations of the Parties

Obligations of a party incurred before the marriage shall remain the separate obligations of that party. The other party shall not be liable for those obligations, and shall be indemnified and held harmless from them by the responsible party. Such existing obligations shall be paid from the separate property of the responsible party.

 

  1. Definition of Marital Property

For purposes of this Agreement, marital property (“Marital Property”) shall be defined as all property accumulated by the parties during the marriage until the date of the death of either party or the date on which any legal action for separation, annulment, or divorce is commenced. Marital property shall also include any property designated as marital property by both parties in writing after the date of the marriage.  

In respect to Exhibit 2, both parties have to agree on the hiring of the personnel for LLC or DBA.

Acquaintance, friends, or family are not allowed or any of the DBAs unless both agree in writing to an exception.  

That Bar War and The Martian Station shall be considered marital property and effectively remain shared equally during the term of the marriage.

  1. Marital Property Upon Termination of the Marriage
  2. In the event of termination of the marriage by legal proceedings, all assets then jointly owned by the parties as joint tenants, tenants by the entirety, or otherwise and not herein defined as separate property shall be divided equally between the parties. Such property as listed in Exhibit 2, MARS & LLC company percentage may be sold, if not,  the parties shall continue to work as business partners only. 

If one of the parties has another romantic partner, he/she can’t go in person or work inside any of the LLC’s or DBA’s unless both agree in writing to an exception.

 

  1. In the event of the termination of the marriage by the death of a party, all assets defined as marital property shall become the sole property of the surviving party to the exclusion of the decedent’s estate. 

The surviving party shall own said property subject to any liens, mortgages, or encumbrances secured by the property.

  1. In the event of separation or divorce, the ownership and operations of Bar Wars shall be transferred to Cristina Guerra while the ownership and operations of The Martian Station shall be transferred to Mariana Sierra.

 

  1. Mutual Waivers
  2. Waiver of Rights to Property: In the event of termination of the marriage by divorce or annulment, the parties agree not to assert any claim of any kind to the separate property of the other as herein defined. This waiver shall not apply to marital property.

 

  1. Waiver of Rights to Maintenance and Support: In the event of a legal separation, divorce, or annulment, the parties agree to waive any rights to spousal support or maintenance of any kind to which either might otherwise be entitled. The parties agree that this provision may be entered as a complete defense by either party in response to an action for alimony. The parties further agree that nothing herein shall be deemed a waiver of either party’s right to claim child support for support of any minor children born to or legally adopted during their marriage.

 

  1. Waiver of Estate Claims: In the event of the death of one of the parties, each party hereby relinquishes and waives all rights, claims, and interests that he or she may have or acquire as surviving spouse, heir at law, or otherwise in the estate of the other party.

 

  1. Wills/Trusts

 

Nothing contained herein shall preclude or prevent either party from freely executing a will or settling a trust that confers benefits on the other party, or from nominating the other party as executor or trustee, or from exercising any power of appointment in favor of the other party.

 

  1. General Provisions
  2. Entire Agreement

The parties agree that this Agreement contains their entire understanding and that there have been no additional promises, representations, or agreements made to either party by the other, oral or written, except as set forth herein.

 

  1. Modification

This Agreement may be modified, amended, or rescinded at any time after the solemnization of the marriage, only by a subsequent written agreement between and signed by the parties.

 

  1. Waiver of Breach or Default

No waiver of breach or default concerning a provision of this Agreement shall be deemed a waiver of any subsequent breach or default.

 

  1. Binding Effect

This Agreement shall be binding on the parties hereto and their respective legal representatives, heirs, successors, and assigns.

 

  1. Severability

In the event, any provision of this Agreement shall be held illegal, invalid, or otherwise unenforceable, such holding shall not invalidate or render unenforceable any other provisions hereof, and the offending

provision shall be severed from this Agreement and be null and void and of no force and effect.

 

  1. Governing Law

This Agreement shall be governed, controlled, and interpreted under the laws of the state of ________________.

 

IN WITNESS WHEREOF, the parties have signed, sealed, and acknowledged this Agreement on the______ day of year___________

 

SIGNED, SEALED AND DELIVERED 

In the presence of 

 

Witness

Printed Name:______________________________________     Signature_____________________

 

Witness

Printed Name:______________________________________     Signature_____________________

 

Witness

Printed Name:______________________________________     Signature_____________________

 

THE PARTIES HEREBY EXECUTE THIS AGREEMENT ON THE_______ DAY OF ____,_____

_____________________________________

____________________________________

EXHIBIT 1: SEPARATE PROPERTY

 

SCHEDULE OF ASSETS FOR

Prospective Spouse A (insert name and address) _____________________ of____________

 

Companies

  1. XXXX

          XXX

 

  1. XXX

Trademarks

XXX

 

XXX

And future Worldwide registrations.

 

W (logo) 

XXX

And future Worldwide registrations.

 

W Productions (name) 

XXX

And future Worldwide registrations.

 

Future Registrations:

The Best of Both Worlds Foundation (Non-Profit)

 

* GIFTS OR Future Family Heritage will be protected as well 

 

Custody of Dog

XXX

 

SCHEDULE OF ASSETS FOR Prospective Spouse B  (insert name and address) _____________________ of____________

 

Companies

 

  1. XXX

 

Future Registrations:

*arteMarte.org (Non-Profit)

*Ascension Laboratories (it may have minimal variations based on name availability at that time)
*M RecoMmend Trademark (name & logo)

 

Car

 

XXX

 

Property

 

XXX

 

* GIFTS OR Future Family Heritage will be protected as well 

 

Custody of Dog

XXX

 

EXHIBIT 2: MATRIMONIAL PROPERTY

 

Companies/Interests we will share 50/50 net profit:

 

XXXX

XXX

Online Store

 

DBA: ASCEND Wellness Portal

Wellness Company

 

*Future Registrations:

 

Non-Profit: Church of Ascended Masters

 

DBA: Bar War 

Restaurant Bar/Venue

 

DBA: The Martian Station 

Bistro/Coffee Spot

 

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