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West Virginia 11 laimed as Separate Property: List all debts: Annual Income: $___________________________________________ The total value of all of my assets is approximately: $______________. Prenuptial Agreementimately: $______________. Prenuptial Agreement 10 EXHIBIT B Separate Property and Financial Disclosure of Wife-to-Be: ____________________________ (To be completed by Wife-to-Be) List all assets ce completed by Husband-to-Be) List all assets claimed as Separate Property: List all debts: Annual Income: $__________________________________________ The total value of all of my assets is approxd and official seal. NOTARY SEAL NOTARY SIGNATURE (Name of Notary) Prenuptial Agreement 9 EXHIBIT A Separate Property and Financial Disclosure of Husband-to-Be: ____________________________ (To b/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 hanor 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______ County of __________________ } ss. On ____________ before me, _________________________________________, personally appeared _________________________________________ personally known to me (ld 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.] Prenuptial Agreement 8 State of ______________ _______________________________________ Wife-to-Be Signed in the presence of: _______________________________________ Witness _______________________________________ Witness [Note- Each witness shougreement and the exhibits attached hereto contain the entire agreement of the parties. Signed this ______________ day of _________________, 20___ _______________________________________ Husband-to-Be 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 At 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 andforce 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 thald invalid or unenforceable, it is the intent of the parties that all provisions of this Agreement be Prenuptial Agreement 7 regarded as separable, and that all remaining provisions remain in full 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 heAgreement 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 uccessors, 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 _______________________________________________________________________ VII. MISCELLANEOUS. A. Successors and Assigns. This Agreement shall be binding and inure to the benefit of the parties, their s additional agreements between you and your partner): ________________________________________________________________________ ________________________________________________________________________ evise 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______________________________ __________________________________________ V. WILLS AND OTHER TRANSFERS OF PROPERTY Nothing contained in this Agreement shall be considered a waiver of any bequest or d. Other (describe in detail): __________________________________________________________________ __________________________________________________________________ ____________________________________ally agree that one of the Parties increases his/her work hours in order to support the other Party's continued schooling. In which case, the supporting party shall receive____________________________tively 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 mutul Agreement 6 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 Party's employability or career prospects are negae 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. Prenuptiad 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 arhysically 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 disableed 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 pistance, 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 detailher: __________________________________________, However, to the extent that any such waivers of alimony, spousal support or separate maintenance will cause one Party to become eligible for public ass________________________ 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. Otnce for the other Party in the form of: one lump sum payment of $____________________ monthly payments of $_______________________ property satisfaction of _______________________ other:______________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 maintenarate 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. 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): Sepah Shared Property The Parties' marital residence and any additional homes Other: Separate Shared Prenuptial Agreement 5 B. Default Designation. The Parties hereby agree that if it becomes necessaryhat savings aggregated or earned after the execution of the Agreement Any commingled property, including the commingled Separate Property of each Party, or any Separate Property that is commingled witommissions received or earned after the execution of the Agreement Any savings and earnings from that savings aggregated or earned before the execution of the Agreement Any savings and earnings from tived by either Party after the execution of the Agreement Earnings, salary, wages, bonuses or commissions received or earned before the execution of the Agreement Earnings, salary, wages, bonuses or c an insurance policy received after the execution of the Agreement Any gambling or lottery winnings received by either Party before the execution of the Agreement Any gambling or lottery winnings recettlement received as a result of a lawsuit or other court proceeding after the execution of the Agreement Proceeds from an insurance policy received before the execution of the Agreement Proceeds fromeement Any property acquired by a Party through an inheritance Any award or settlement received as a result of a lawsuit or other court proceeding before the execution of the Agreement Any award or seperty owned by either Party before the execution of this Agreement An increase in value, appreciation or gain during the marriage of any property owned by either Party before the execution of this Agred in exchange for property currently owned by either Party, or from the proceeds of a sale of such currently owned property Any income, proceeds or property received, directly or indirectly, from prooperty owned by either Party at the execution of this Agreement All property acquired by the Parties after the execution of this Agreement that is held in the names of both Parties Any property acquireparation or divorce, the following types of property will be deemed (select one box for each type of property): Property Type 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. Any prregardless of each Party's initial or ongoing investment in that Shared Property. III. DETERMINATION OF TYPE OF PROPERTY. Prenuptial Agreement 4 A. Determination of Property Type. In the event of sbox): Equally, regardless of each Party's initial or ongoing investment in that Shared Property. According to the following percentages: ________% for ______________and ____________% for ___________, 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 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.nd, 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 ority 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, expe_____________ (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 autharate 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 _________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 Sepl Agreement 3 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 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 Party's Separate Prenuptianded 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 t 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' inteh 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 Agreemened 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 witEREAS, 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 retaintance 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 WHreement 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 circumsher 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 Ag_______________ (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 otd. Good luck, and congratulations on your marriage. Prenuptial Agreement This pre-marital agreement, dated as of __________________, 20_______ (the "Agreement"), by and between ________________ and _ctor that will be considered by the courts is whether or not the parties have created a serious and meaningful clause. Use your judgment to determine whether your proposed paragraphs meet this standarly or not gain weight will probably be ignored. An agreement between the parties that their current or future children be raised in a certain religion, on the other hand, may be considered. The key fa your partner that you wish to document before the marriage. Note, however, that the courts may not enforce apparently frivolous strictures; for example, a requirement that one spouse exercise regularl be in the "best interests of the child." You have the option of including so-called "lifestyle clauses" in your prenuptial agreement. This may include any non-financial understanding between you and Courts do not look kindly on efforts to circumscribe the rights of children, and attempts to do this will likely not be enforced. Rather, the court may investigate what distributions and outcomes wilying about his or her future? The answers to these questions will determine the contents of your agreement. Do not attempt to waive child support payments or to put strict limitations on such support.: for example, are you protecting children from a previous marriage? Ensuring that one party's family business remains in his or her hands? Permitting one party to stay home with children without worrential elements that are important for you and your future spouse to resolve; these issues will be different for every couple. Discuss with your partner what you hope to accomplish with the prenuptialaside that agreement. There are several other things to keep in mind when working to create your agreement. Don't get caught up in trying to cover every situation or potential crisis. Focus on the essthe other destitute. If there is a risk that either party (or any minor child of either party) would require public assistance because of the distributions created by the agreement, the court may set u are taking. (4) Finally, the prenuptial agreement must be fair and reasonable. This means, in essence, that the agreement cannot leave one of the parties with the lion's share of property and leave stead of yours. It is important to for both you and your spouse to consult with attorneys before finalizing your prenuptial agreement so that you may receive independent advice about the steps that yo party. "Separate" means that you and your spouse have different attorneys. "Independent" means that your attorney is not beholden to your spouse, or being compensated to serve his or her interests iniation of your prenuptial agreement. This, like all of the rules, will serve to convince the court that neither party signed the document without proper information or under the influence of the other are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. 1 (3) Each of you should be represented by separate and independent counsel in the course of the negot time the agreement is signed. In California, this period must be at least one week. Again, this may be a good idea in all areas to forestall accusations of duress. The nine community property states. To be safe, this should be at least one month prior to the wedding date. In some jurisdictions, there must also be a time delay from the time the proposed agreement is received by the parties to themay be penalized in this distribution because of his insincerity. (2) The prenuptial agreement must be signed significantly in advance of the wedding to avoid the appearance of impropriety or coercion something or lied to protect your interests, a judge can discard the agreement and create a new distribution of assets in a manner that he thinks is more equitable. The party that has been dishonest four essential rules that must be followed in creating your prenuptial agreement: (1) You and your partner must be completely honest about your assets and your debts. If one or both of you has hidden However, there are certain limitations that have been imposed by state law to ensure that these agreements don't unfairly benefit one party or appear to have been entered into under duress. There aresets forth the distribution of assets (and debts) that will occur in the event of the parties' divorce or death. For the most part, the couple is given leeway to divide their property as they see fit. you wish to make should be covered by your prenuptial agreement to avoid the standard distributions. A prenuptial agreement is a private agreement between two parties who are intending to marry that they live in a community property state 1 ) or divide the assets based on an "equitable distribution" (if they live in a non-community property state). Any non-traditional or specific allocations thatiages, ending in divorce, a prenuptial agreement may be seen not only as practical but as necessary. Without such agreements, the state may either grant each spouse one-half of the marital assets (if rangements and romance-killers, prenuptial agreements have become more and more common in recent years. Indeed, with approximately 1/3 of all first marriages, and nearly ½ of all second and third marry idea makes many people hesitate: still fresh with the glow of romance, is it appropriate to think about the demise of the marriage? Though they have been stigmatized in popular culture as cynical arInformation Prenuptial Agreements He proposes, she accepts, and the date for marriage is set. The couple sits down to discuss the flower arrangements, the band, and...the prenuptial agreement? The ver West VirginiaWest Virginia t 2 t the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NOTARY SIGNATURE NOTARY SEAL (Name of Notary) Prenuptial Agreemen 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 instrumen________________________, personally appeared _________________________________________ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) you wish to sign the agreement before a notary public, use the signature block below.] State of ____________________ County of __________________ } ss. On ____________ before me, ______________________________________ (Name) Signed in the presence of: _______________________________________ Witness _______________________________________ Witness [Note- Each witness should sign separately. Ifermitted assigns of the Parties. Prenuptial Agreement 1 HUSBAND: ___________________________________ ___________________________________ (Name) WIFE: _________________________________ ____________rms of this Amendment shall control. BINDING EFFECT: The covenants and conditions contained in this Amendment shall apply to and bind the parties and the heirs, legal representatives, successors and p conditions and obligations of the Prenuptial Agreement remain in effect except for those provisions of the Prenuptial Agreement that are directly contradicted by this Amendment, in which event the te________________________________________ ______________________________________________________________________________ OTHER TERMS OF THE PRENUPTIAL AGREEMENT: The Parties agree that all other terms,___ ______________________________________________________________________________ ______________________________________________________________________________ ___________________________________________________________________________________ ______________________________________________________________________________ ___________________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ _________________________________luntarily; and WHEREAS, the Parties wish to amend the Prenuptial Agreement NOW, THEREFORE, the Parties hereby agree as follows: AMENDMENT: The Prenuptial Agreement is amended as follows:______________least seven (7) days to review this Amendment and obtain legal advice before executing this Amendment; and WHEREAS, the Parties have read and understand this Amendment, are executing this Amendment voeir own separate and independent attorneys, and have received independent legal advice regarding the terms of this Amendment; and WHEREAS, the Parties acknowledge that they have been provided with at to as the "Parties"). WHEREAS, the Parties entered into that certain prenuptial agreement dated ____________________, 20___ (the "Prenuptial Agreement"); and WHEREAS, the Parties have each retained th ____________________, 20____ by and between _____________________________________ ("Husband") and _____________________ __________________________________ ("Wife") (hereinafter collectively referred rties can avoid many future problems and misunderstandings surrounding the modified terms. AMENDMENT TO PRENUPTIAL AGREEMENT This Amendment to Prenuptial Agreement (this "Amendment") is entered as ofng amendment of the agreement and may also set out an amendment procedure. This procedure must be followed to ensure that the amendment is valid. By having a written rather than oral amendment, the pat be made to the original contract. For example, there may be some change in circumstances or a reevaluation of the situation. Typically, the original prenuptial agreement will have a provision allowio the "Terms of Use" found at findlegalforms.com Information Amendment to Prenuptial Agreement Occasionally after a prenuptial agreement has been entered into, the couple may agree that a change mus an attorney to ensure that it addresses your particular situation. An attorney should be consulted before negotiating any document with another party. The purchase and use of these forms is subject t state to state. These forms are not intended and are not a substitute for legal advice. This form should only be a starting point for you and should not be used or signed before first consulting withns created by the agreement, the court may set aside that agreement. This form contains the basic terms and language that should be included in similar agreements. Laws vary from time to time and fromes with the lion's share of property and leave the other destitute. If there is a risk that either party (or any minor child of either party) would require public assistance because of the distributioenuptial agreement must be fair and reasonable, including any amendments to the prenuptial agreement. This means, in essence, that the agreement, including the amendment, cannot leave one of the partiou and your spouse have different attorneys. "Independent" means that your attorney is not beholden to your spouse, or being compensated to serve his or her interests instead of yours. Finally, the prefore signing the amendment. This will serve to convince the court that neither party signed the amendment without proper information or under the influence of the other party. "Separate" means that y Amendment; and (3) The Amendment Check the original contract to ensure that the amendment procedures in that agreement are met. Each of you should be represented by separate and independent counsel bInstructions & Checklist Amendment of Prenuptial Agreement This package contains: (1) Instructions and Checklist for the Amendment of Prenuptial Agreement (the "Amendment"); (2) Information about the West Virginia