Prenuptial (Premarital) Agreement - Same Sex Couple

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Agreement for people intending to marry that sets forth the distribution of assets (and debts) that will occur in the event of the parties’ divorce or death.

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Although Prenuptial Agreements (or Premarital Agreements) are often villified as romance killers, the reality is that a high percentage of marriages will end in divorce. Couples on the road to matrimony should take time to consider and discuss entering into a prenuptial agreement. The reason is not because they think the marriage is likely to end in divorce, but because it is prudent course of action and one that could save you and your future spouse considerable head and heartache should such an end come.

A Premarital Agreements is an agreement between two people who plan on entering in marriage. The agreement will set forth how each partner's present and future debts and assets will be divided should the marriage end in divorce.

Prenup Agreements are generally recognized in all 50 states. This particular form is designed for use by same-sex couples. Be sure to check the laws of your state.

This is what you will receive:
  1. Instructions & Checklist
  2. Prenuptial (Premarital) Agreement designed for Same Sex Couples.
Prenuptial Agreement (Same Sex) Features:
  • Property Designation. The agreement allow the parties to designate the property that is meant to be considered shared or separate in the event of divorce.
  • Property Division. The agreement designates how property (acquired before and during the marriage) will be divided in the event divorce.
  • Alimony and Spousal Support The agreement designates how much spousal support will be paid (if any) and considerations (such as changes in career, etc.) that may require a reworking of the amount.
  • Estate Planning and Wills. A Prenuptial Agreement should not be seen as a substitute for estate planning documents, but rather should work in tandem with them.
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
Prenuptial Agreement
(Same Sex Couples)

 

This pre-marital agreement, dated as of __________________, 20_______ (the “Agreement”), by and between ________________  (“Partner A”) and ________________ (“Partner B”) (each a “Party,” and together, the “Parties”).
WHEREAS, the Parties intend to marry under the laws of the State of _______________, including any Uniform Premarital Agreement Act or other applicable laws, adopted by the State of _______________; and
WHEREAS, the Parties intend for this Agreement to become effective upon their marriage; and
WHEREAS, the Parties wish to enter this Agreement to establish the ownership and division of property between them, including any future property that may be acquired by either or both of them, in the event of divorce, death, or other circumstance that results in the termination of their marriage; and
WHEREAS, the Parties wish to determine the individual and joint property rights and liabilities that may result from their marriage; and
WHEREAS, the Parties have made a full and complete disclosure of their assets and liabilities, including accurately completing Exhibits A and B attached hereto; and
WHEREAS, the Parties have each retained their own separate and independent attorneys, and have received independent legal advice regarding the terms of this Agreement; and
WHEREAS, the Parties acknowledge that they have been provided with at least seven (7) days to review this Agreement and obtain legal advice before executing the Agreement; and
WHEREAS, the Parties have read and understand this Agreement, are executing this Agreement voluntarily, and believe this Agreement to be fair and to represent their intentions with regard to any current or future assets and liabilities.
NOW THEREFORE, in consideration of the Parties intended marriage and of the mutual promises and covenants of this Agreement, the Parties hereby agree as follows:
I.   SEPARATE PROPERTY
A.     Generally.  Each Party shall separately retain all of his or her rights in his or her separate property owned at the time of the execution of this Agreement, however and whenever acquired (the “Separate Property”).  Complete lists of each Partys Separate Property are attached to this Agreement as Exhibits A and B; both exhibits are hereby incorporated into and made a part of this Agreement.   The Separate Property will be free and clear of any claim of the other Party, upon separation or otherwise, without regard to any time or effort invested during the course of the marriage in the maintenance, management, or improvement of the Separate Property.
 
B.     Debts.  The Parties agree that the debts incurred by each Party prior to their marriage will be considered (check the appropriate box):
? Separate Property
? Shared Property
? ______________________ (other division).
The debts of each party are listed on Exhibits A and B, as appropriate, attached hereto.
C.     Rights in Separate Property.  The Parties shall enjoy the full right and authority with regard to their Separate Property as each would have had if not married, including but not limited to the right and authority to sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control that Separate Property.
 
D.     Tax Obligations.  Each Party agrees to satisfy any tax obligations related to their Separate Property.
 
II.   SHARED PROPERTY.
A.   Generally.  All property not specifically deemed Separate Property will be considered shared property of the Parties (“Shared Property”).  
 
B.   Distribution on Separation or Divorce.  In the event that the Parties become separated or divorced, or upon the death of a Party, all Shared Property will be deemed to be owned (check the appropriate box):
  Equally, regardless of each Partys initial or ongoing investment in that Shared Property.
  According to the following percentages: ________% for ______________and ____________% for ___________, regardless of each Partys initial or ongoing investment in that Shared Property.
III.   DETERMINATION OF TYPE OF PROPERTY.
A.   Determination of Property Type.  In the event of separation or divorce, the following types of property will be deemed (select one box for each type of property):
 
Property Type                        Separate     Shared
1.
Any property owned by either Party at the execution of this Agreement
 
 
2.
All property acquired by the Parties after the execution of this Agreement that is held in the names of both Parties
 
 
3.
Any property acquired in exchange for property currently owned by either Party, or from the proceeds of a sale of such currently owned property
 
 
4.
Any income, proceeds or property received, directly or indirectly, from property owned by either Party before the execution of this Agreement
 
 
5.
An increase in value, appreciation or gain during the marriage of any property owned by either Party before the execution of this Agreement
 
 
6.
Any property acquired by a Party through an inheritance
 
 
7.
Any award or settlement received as a result of a lawsuit or other court proceeding before the execution of the Agreement
 
 
8.
Any award or settlement received as a result of a lawsuit or other court proceeding after the execution of the Agreement
 
 
9.
Proceeds from an insurance policy received before the execution of the Agreement
 
 
10.
Proceeds from an insurance policy received after the execution of the Agreement
 
 
11.
Any gambling or lottery winnings received by either Party before the execution of the Agreement
 
 
12.
Any gambling or lottery winnings received by either Party after the execution of the Agreement
 
 
13.
Earnings, salary, wages, bonuses or commissions received or earned before the execution of the Agreement
 
 
14.
Earnings, salary, wages, bonuses or commissions received or earned after the execution of the Agreement
 
 
15.
Any savings and earnings from that savings aggregated or earned before the execution of the Agreement
 
 
16.
Any savings and earnings from that savings aggregated or earned after the execution of the Agreement
 
 
17.
Any commingled property, including the commingled Separate Property of each Party, or any Separate Property that is commingled with Shared Property
 
 
18.
The Parties marital residence and any additional homes
 
 
19.
Other:
 
 
B.   Default Designation.  The Parties hereby agree that if it becomes necessary to determine the ownership of a piece of property because of the Parties separation, or because of the death of one of the Parties, that property will be treated as (check the appropriate box):
  Separate Property unless there is clear and convincing proof of Shared Property.
  Shared Property unless there is clear and convincing proof of Separate Property.
IV.   ALIMONY, SUPPORT, AND MAINTENANCE.
A.   Generally. The Parties acknowledge that (select all appropriate boxes):
 
    ______________________ will be the main provider and wish to establish a claim for alimony, spousal support or separate maintenance for the other Party in the form of:
?one lump sum payment of $____________________
?monthly payments of $_______________________
?property satisfaction of _______________________
?other:______________________________________
 
   The Parties possess sufficient education and job skills to adequately provide for their own support and waive any claim to alimony, spousal support or separate maintenance.  
 
   Other: __________________________________________,
 
However, to the extent that any such waivers of alimony, spousal support or separate maintenance will cause one Party to become eligible for public assistance, that waiver will be modified to eliminate that eligibility.
 
B.  Exceptions.  The provisions providing for alimony, spousal support or separate maintenance, or the waiver of those amounts detailed in IV.A above will not apply if one or more of the following events occurs (select all appropriate boxes):
 
  One of the Parties suffers a medical disability and the other Party is both employed and physically able, in which case the disabled Party may receive reasonable spousal support consistent with state law until the disability is concluded, or until the other Party retires or becomes disabled from working, either by agreement or by judicial determination.
 
  The Parties mutually agree that one of the Parties will reduce his or her work hours, and his/her employability or career prospects are negatively impacted by this withdrawal.  In which case, that Party may receive reasonable remedial spousal support consistent with state law for a period of not more than __________ years.
 
  The Parties mutually agree that one of the Parties will not work in order to care for any children born during the marriage, and such Partys employability or career prospects are negatively impacted by this withdrawal.  In which case, that Party may receive reasonable remedial spousal support consistent with state law for a period of not more than __________ years.
 
  The Parties mutually agree that one of the Parties increases his/her work hours in order to support the other Partys continued schooling. In which case, the supporting party shall receive____________________________.
 
   Other (describe in detail): ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
V.   WILLS AND OTHER TRANSFERS OF PROPERTY
Nothing contained in this Agreement shall be considered a waiver of any bequest or devise that one Party may choose to make to the other Party by way of will or codicil, or by way of any gift, grant, or conveyance from one Party to the other Party.
VI.   ADDITIONAL CLAUSES. (Insert any additional agreements between you and your partner): _______________________________________________________________________________________________________________________________________________________________________________________________________________________
VII.   MISCELLANEOUS.
A.   Successors and Assigns.  This Agreement shall be binding and inure to the benefit of the parties, their successors, assigns, and legal representatives.
B.   Effective Date.  This Agreement shall become effective upon the marriage of the Parties.
C.   Amendment; Revocation.  After the Parties are married, this Agreement may be amended or revoked only by written agreement signed by both Parties.
D.   Governing Law.  Without regard to the location of any property affected by this agreement, this Agreement shall be interpreted and enforced under the laws of the state of _______________________________ (insert the name of your state).  
E.   Severability.  In the event that any portion of this Agreement shall be held invalid or unenforceable, it is the intent of the parties that all provisions of this Agreement be regarded as separable, and that all remaining provisions remain in full force and effect. It is further the desire of the parties that all provisions of this Agreement be considered as evidence of their intentions by any court, arbitrator, mediator, or other authority that seeks to divide their estate, and that their intentions be respected whatever the legal status of this Agreement or any of its terms.
F.   Paragraph Headings.  The headings of particular paragraphs and subparagraphs are inserted only for convenience and are not part of this Agreement and do not limit the scope of the paragraph or subparagraph to which the heading refers.
G.   Entire Agreement.  This Agreement and the exhibits attached hereto contain the entire agreement of the parties.
Signed this ______________ day of _________________, 20___
_______________________________________Partner A
_______________________________________Partner B
 
Signed in the presence of:
_______________________________________Witness
_______________________________________Witness
[Note- Each witness should sign separately. If you wish to sign the agreement before a notary public, use the signature block on the following page for his or her signature.]
State of ____________________County of __________________
}
ss.
 
 
On ____________ before me, _________________________________________, personally appeared _________________________________________ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal.
 
 
 
 
 
NOTARY SEAL
 
NOTARY SIGNATURE
 
(Name of Notary)
   
EXHIBIT A
Separate Property and Financial Disclosure of Partner A: ____________________________
(To be completed by Partner A)
 
l   List all assets claimed as Separate Property:
 
 
 
 
 
 
 
 
l   List all debts:
 
 
 
 
l   Annual Income: $__________________________________________
 
l   The total value of all of my assets is approximately: $______________.
EXHIBIT B
Separate Property and Financial Disclosure of Partner B: ____________________________
(To be completed by Partner B)
 
 
l   List all assets claimed as Separate Property:
 
 
 
 
 
 
 
 
l   List all debts:
 
 
 
 
l   Annual Income: $___________________________________________
 
l   The total value of all of my assets is approximately: $______________.
 
Number of Pages11
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#43765
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
Prenuptial Agreement
(Same Sex Couples)

 

This pre-marital agreement, dated as of __________________, 20_______ (the “Agreement”), by and between ________________  (“Partner A”) and ________________ (“Partner B”) (each a “Party,” and together, the “Parties”).
WHEREAS, the Parties intend to marry under the laws of the State of _______________, including any Uniform Premarital Agreement Act or other applicable laws, adopted by the State of _______________; and
WHEREAS, the Parties intend for this Agreement to become effective upon their marriage; and
WHEREAS, the Parties wish to enter this Agreement to establish the ownership and division of property between them, including any future property that may be acquired by either or both of them, in the event of divorce, death, or other circumstance that results in the termination of their marriage; and
WHEREAS, the Parties wish to determine the individual and joint property rights and liabilities that may result from their marriage; and
WHEREAS, the Parties have made a full and complete disclosure of their assets and liabilities, including accurately completing Exhibits A and B attached hereto; and
WHEREAS, the Parties have each retained their own separate and independent attorneys, and have received independent legal advice regarding the terms of this Agreement; and
WHEREAS, the Parties acknowledge that they have been provided with at least seven (7) days to review this Agreement and obtain legal advice before executing the Agreement; and
WHEREAS, the Parties have read and understand this Agreement, are executing this Agreement voluntarily, and believe this Agreement to be fair and to represent their intentions with regard to any current or future assets and liabilities.
NOW THEREFORE, in consideration of the Parties intended marriage and of the mutual promises and covenants of this Agreement, the Parties hereby agree as follows:
I.   SEPARATE PROPERTY
A.     Generally.  Each Party shall separately retain all of his or her rights in his or her separate property owned at the time of the execution of this Agreement, however and whenever acquired (the “Separate Property”).  Complete lists of each Partys Separate Property are attached to this Agreement as Exhibits A and B; both exhibits are hereby incorporated into and made a part of this Agreement.   The Separate Property will be free and clear of any claim of the other Party, upon separation or otherwise, without regard to any time or effort invested during the course of the marriage in the maintenance, management, or improvement of the Separate Property.
 
B.     Debts.  The Parties agree that the debts incurred by each Party prior to their marriage will be considered (check the appropriate box):
? Separate Property
? Shared Property
? ______________________ (other division).
The debts of each party are listed on Exhibits A and B, as appropriate, attached hereto.
C.     Rights in Separate Property.  The Parties shall enjoy the full right and authority with regard to their Separate Property as each would have had if not married, including but not limited to the right and authority to sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control that Separate Property.
 
D.     Tax Obligations.  Each Party agrees to satisfy any tax obligations related to their Separate Property.
 
II.   SHARED PROPERTY.
A.   Generally.  All property not specifically deemed Separate Property will be considered shared property of the Parties (“Shared Property”).  
 
B.   Distribution on Separation or Divorce.  In the event that the Parties become separated or divorced, or upon the death of a Party, all Shared Property will be deemed to be owned (check the appropriate box):
  Equally, regardless of each Partys initial or ongoing investment in that Shared Property.
  According to the following percentages: ________% for ______________and ____________% for ___________, regardless of each Partys initial or ongoing investment in that Shared Property.
III.   DETERMINATION OF TYPE OF PROPERTY.
A.   Determination of Property Type.  In the event of separation or divorce, the following types of property will be deemed (select one box for each type of property):
 
Property Type                        Separate     Shared
1.
Any property owned by either Party at the execution of this Agreement
 
 
2.
All property acquired by the Parties after the execution of this Agreement that is held in the names of both Parties
 
 
3.
Any property acquired in exchange for property currently owned by either Party, or from the proceeds of a sale of such currently owned property
 
 
4.
Any income, proceeds or property received, directly or indirectly, from property owned by either Party before the execution of this Agreement
 
 
5.
An increase in value, appreciation or gain during the marriage of any property owned by either Party before the execution of this Agreement
 
 
6.
Any property acquired by a Party through an inheritance
 
 
7.
Any award or settlement received as a result of a lawsuit or other court proceeding before the execution of the Agreement
 
 
8.
Any award or settlement received as a result of a lawsuit or other court proceeding after the execution of the Agreement
 
 
9.
Proceeds from an insurance policy received before the execution of the Agreement
 
 
10.
Proceeds from an insurance policy received after the execution of the Agreement
 
 
11.
Any gambling or lottery winnings received by either Party before the execution of the Agreement
 
 
12.
Any gambling or lottery winnings received by either Party after the execution of the Agreement
 
 
13.
Earnings, salary, wages, bonuses or commissions received or earned before the execution of the Agreement
 
 
14.
Earnings, salary, wages, bonuses or commissions received or earned after the execution of the Agreement
 
 
15.
Any savings and earnings from that savings aggregated or earned before the execution of the Agreement
 
 
16.
Any savings and earnings from that savings aggregated or earned after the execution of the Agreement
 
 
17.
Any commingled property, including the commingled Separate Property of each Party, or any Separate Property that is commingled with Shared Property
 
 
18.
The Parties marital residence and any additional homes
 
 
19.
Other:
 
 
B.   Default Designation.  The Parties hereby agree that if it becomes necessary to determine the ownership of a piece of property because of the Parties separation, or because of the death of one of the Parties, that property will be treated as (check the appropriate box):
  Separate Property unless there is clear and convincing proof of Shared Property.
  Shared Property unless there is clear and convincing proof of Separate Property.
IV.   ALIMONY, SUPPORT, AND MAINTENANCE.
A.   Generally. The Parties acknowledge that (select all appropriate boxes):
 
    ______________________ will be the main provider and wish to establish a claim for alimony, spousal support or separate maintenance for the other Party in the form of:
?one lump sum payment of $____________________
?monthly payments of $_______________________
?property satisfaction of _______________________
?other:______________________________________
 
   The Parties possess sufficient education and job skills to adequately provide for their own support and waive any claim to alimony, spousal support or separate maintenance.  
 
   Other: __________________________________________,
 
However, to the extent that any such waivers of alimony, spousal support or separate maintenance will cause one Party to become eligible for public assistance, that waiver will be modified to eliminate that eligibility.
 
B.  Exceptions.  The provisions providing for alimony, spousal support or separate maintenance, or the waiver of those amounts detailed in IV.A above will not apply if one or more of the following events occurs (select all appropriate boxes):
 
  One of the Parties suffers a medical disability and the other Party is both employed and physically able, in which case the disabled Party may receive reasonable spousal support consistent with state law until the disability is concluded, or until the other Party retires or becomes disabled from working, either by agreement or by judicial determination.
 
  The Parties mutually agree that one of the Parties will reduce his or her work hours, and his/her employability or career prospects are negatively impacted by this withdrawal.  In which case, that Party may receive reasonable remedial spousal support consistent with state law for a period of not more than __________ years.
 
  The Parties mutually agree that one of the Parties will not work in order to care for any children born during the marriage, and such Partys employability or career prospects are negatively impacted by this withdrawal.  In which case, that Party may receive reasonable remedial spousal support consistent with state law for a period of not more than __________ years.
 
  The Parties mutually agree that one of the Parties increases his/her work hours in order to support the other Partys continued schooling. In which case, the supporting party shall receive____________________________.
 
   Other (describe in detail): ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
V.   WILLS AND OTHER TRANSFERS OF PROPERTY
Nothing contained in this Agreement shall be considered a waiver of any bequest or devise that one Party may choose to make to the other Party by way of will or codicil, or by way of any gift, grant, or conveyance from one Party to the other Party.
VI.   ADDITIONAL CLAUSES. (Insert any additional agreements between you and your partner): _______________________________________________________________________________________________________________________________________________________________________________________________________________________
VII.   MISCELLANEOUS.
A.   Successors and Assigns.  This Agreement shall be binding and inure to the benefit of the parties, their successors, assigns, and legal representatives.
B.   Effective Date.  This Agreement shall become effective upon the marriage of the Parties.
C.   Amendment; Revocation.  After the Parties are married, this Agreement may be amended or revoked only by written agreement signed by both Parties.
D.   Governing Law.  Without regard to the location of any property affected by this agreement, this Agreement shall be interpreted and enforced under the laws of the state of _______________________________ (insert the name of your state).  
E.   Severability.  In the event that any portion of this Agreement shall be held invalid or unenforceable, it is the intent of the parties that all provisions of this Agreement be regarded as separable, and that all remaining provisions remain in full force and effect. It is further the desire of the parties that all provisions of this Agreement be considered as evidence of their intentions by any court, arbitrator, mediator, or other authority that seeks to divide their estate, and that their intentions be respected whatever the legal status of this Agreement or any of its terms.
F.   Paragraph Headings.  The headings of particular paragraphs and subparagraphs are inserted only for convenience and are not part of this Agreement and do not limit the scope of the paragraph or subparagraph to which the heading refers.
G.   Entire Agreement.  This Agreement and the exhibits attached hereto contain the entire agreement of the parties.
Signed this ______________ day of _________________, 20___
_______________________________________Partner A
_______________________________________Partner B
 
Signed in the presence of:
_______________________________________Witness
_______________________________________Witness
[Note- Each witness should sign separately. If you wish to sign the agreement before a notary public, use the signature block on the following page for his or her signature.]
State of ____________________County of __________________
}
ss.
 
 
On ____________ before me, _________________________________________, personally appeared _________________________________________ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal.
 
 
 
 
 
NOTARY SEAL
 
NOTARY SIGNATURE
 
(Name of Notary)
   
EXHIBIT A
Separate Property and Financial Disclosure of Partner A: ____________________________
(To be completed by Partner A)
 
l   List all assets claimed as Separate Property:
 
 
 
 
 
 
 
 
l   List all debts:
 
 
 
 
l   Annual Income: $__________________________________________
 
l   The total value of all of my assets is approximately: $______________.
EXHIBIT B
Separate Property and Financial Disclosure of Partner B: ____________________________
(To be completed by Partner B)
 
 
l   List all assets claimed as Separate Property:
 
 
 
 
 
 
 
 
l   List all debts:
 
 
 
 
l   Annual Income: $___________________________________________
 
l   The total value of all of my assets is approximately: $______________.
 

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