PRENUPTIAL AGREEMENT

This PRENUPTIAL AGREEMENT (hereinafter referred to as “the Agreement”) is made on [DATE FROM WHICH THE AGREEMENT COMES INTO FORCE] hereinafter referred as the “Effective Date”) between:

[INSERT NAME OF PARTY A] residing at [INSERT ADDRESS OF PARTY A] (hereinafter referred as the “Party A”). which expression shall, unless repugnant to the context or meaning thereof, means and includes its legal representatives, executors, administrators and permitted assigns);

And

[INSERT NAME OF PARTY B] residing at [INSERT ADDRESS OF PARTY B] (hereinafter referred as the “Party B”). which expression shall, unless repugnant to the context or meaning thereof, means and includes its legal representatives, executors, administrators and permitted assigns);

The “Party A” and the “Party B” shall be collectively referred as “Parties” and individually as “Party”.

WHEREAS

1. The Parties are contemplating marriage and desire to set forth their respective rights and obligations with regard to their financial interests and property;
2. The Party A and Party B wish to clarify their intentions concerning the ownership, division, and disposition of property acquired before and during the marriage, as well as any property that may be acquired in the future;
3. Both Parties acknowledge that they have fully disclosed their respective financial situations to each other, and wish to enter into this Agreement freely, knowingly, and without duress;
4. The parties wish to enter into a contract in writing.

NOW, THEREFORE IN CONSIDERATION OF THE MUTUAL PREMISES, THE PARTIES HERETOAGREE AS FOLLOWS:

1. PURPOSE
   1. The Parties intend to enter into this Agreement to define their respective rights and obligations concerning their property, assets, and other financial matters in the event of separation, divorce, or other circumstances as outlined herein.
2. FINANCIAL DISCLOSURE
   1. The Parties acknowledge that they have provided each other with complete and accurate disclosure of their respective financial situations, including but not limited to income, assets, liabilities, and debts, as of the effective date of this Agreement.
3. SEPARATE PROPERTY
   1. Party A and Party B acknowledge that all property, assets, and income acquired prior to the marriage, and any gifts or inheritances received during the marriage, shall remain the separate property of the respective Party.
   2. Each Party waives any claim to the other Party's separate property, including any appreciation, income, or other benefits derived from it.
4. MARITAL PROPERTY
   1. The Parties acknowledge that any property or assets acquired jointly during the marriage shall be considered marital property.
   2. In the event of separation, divorce, or death, the Parties agree that marital property shall be divided as follows: [INSERT HOW MARITAL PROPERTY WILL BE DIVIDED, E.G., EQUALLY, IN ACCORDANCE WITH SPECIFIC PERCENTAGES, ETC.].
5. MARITAL EARNINGS
   1. All earnings, salaries, commissions, income, pension, stock, stock options, or other employee benefits resulting from personal services or labor of either party shall be and remain the sole and separate property of the earning Party. Each Party voluntarily relinquishes all of their interest in such property of the other.
   2. Each of the Parties understands that if not for this Agreement, such earnings would be considered joint property, and that by this Agreement, such earnings during the Marriage are made the separate property of the person who earned them.
   3. It is expected that the earnings described in this Agreement may be used for joint household expenses or other joint purposes. Such use shall not be construed to imply joint ownership of the earnings.
6. CHILDREN
   1. The Parties hereby agree that children of the Marriage (whether biological or adopted) shall have no effect on the terms of this Agreement and nothing in this Agreement shall affect the rights of the children to support.
   2. In the event the Parties separate or divorce, the Parties agree to a joint legal custody arrangement for any children born of their relationship together, with both parents being given the right and responsibility to decide matters of welfare, education, and health in the child's best interests.
7. DEBTS
   1. Each Party’s existing debts shall be deemed Separate Property and remain the sole responsibility of the Party who incurred them prior to the marriage. In addition, any debts incurred during the marriage shall not be classified as marital property, and each Party shall retain full responsibility for the debts they individually incur during the marriage, with no obligation for equal distribution in the event of a divorce.
8. DEATH
   1. Upon the death of either Party, the surviving Party shall have the right to continue residing in the marital residence for the duration of their lifetime or until any period specified in the deceased Party’s Living Will and Testament. All marital property shall be distributed in accordance with the provisions set forth in the deceased Party’s Living Will and Testament. In the event that no valid Living Will and Testament exists, the distribution of property shall be governed as follows: the surviving Party shall receive a predetermined share of the marital property [INSERT PERCENTAGE OF PREDETERMINED SHARE OF THE MARITAL PROPERTY], with the remaining portion to be divided equally among the surviving children of the deceased Party. Notwithstanding any applicable state intestate succession laws, the Parties agree that the terms of this clause shall prevail for the distribution of property upon death. Each Party further agrees to periodically update their estate planning documents to reflect these provisions and ensure that the interests of both the surviving Party and any children are adequately provided for.
9. SPOUSAL SUPPORT OR ALIMONY
   1. The Parties agree that in the event of divorce, separation, or dissolution of the marriage, neither Party shall be entitled to claim or receive spousal support or alimony from the other Party, regardless of the circumstances or duration of the marriage.
   2. The Parties acknowledge and agree that this waiver of spousal support or alimony is a fundament provision of this Prenuptial Agreement and cannot be modified or revoked, except by written agreement signed by both Parties.
10. Good Faith
    1. This Agreement creates a fiduciary relationship between the Parties in which each Party agrees to act with the utmost of good faith and fair dealing toward the other in all aspects of this Agreement.
11. Taxes
    1. During the marriage, Parties shall file (joint or separate) federal and state income tax returns. Each Party shall be individually responsible for taxes associated with their Separate Property.
12. DISPUTE RESOLUTION
    1. The Parties shall endeavour to resolve any differences of opinion which may arise between them with respect to the provisions of this Agreement by negotiation between themselves personally or with the assistance of their attorneys and unless in the opinion of any party, acting reasonably, the matter in dispute is of such significant nature to warrant it being addressed otherwise, no party shall commence any public proceedings until the negotiations have failed to produce a resolution. In furtherance of the provisions of this paragraph, all Parties hereby agree to make themselves available on short notice and to negotiate promptly and in good faith, any matter any party may wish to negotiate.
    2. All disputes arising under this agreement shall be governed by and interpreted in accordance with the Arbitration laws of [INSERT COUNTRY/STATE OF ARBITRATION], without regard to principles of conflict of laws. The parties to this agreement will submit all disputes arising under this Agreement to Arbitration in [INSERT COUNTRY/STATE OF ARBITRATION] before a single arbitrator. The arbitrator shall be selected by mutual agreement of the parties. The venue of Arbitration proceedings shall be [INSERT NAME OF COUNTRY AND CITY WHERE ARBITRATION SHALL BE CONDUCTED] No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. The decision of the Arbitrator shall be final and binding upon the parties.
13. GOVERNING LAW AND JURISDICTION
    1. This Agreement shall be governed by and construed in accordance with the laws of [INSERT STATE/COUNTRY OF APPLICABLE LAWS]. Any disputes arising from or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of [INSERT COURT WHICH SHALL HAVE EXCLUSIVE JURISDICTION IN CASE OF DISPUTE BETWEEN THE PARTIES].
14. NOTICES
    1. Any notice, request, demand, consent or other communication required or permitted under this Agreement shall be in writing and sent either via email on the email address as provided by the parties and shall be considered sent when the email is sent to the correct email address of the party or shall be given by personal delivery (including courier) by certified mail (confirmed by mail) addressed to the party for which it is intended at the address below and shall be deemed to be given on the day of delivery or transmission if within during normal business hours, or, if after business hours, on the next following Business Day, or if mailed by registered or certified mail, on the day which is [INSERT THE APPLICABLE NUMBER OF BUSINESS DAYS WITHIN WHICH THE NOTICE WILL BE DEEMED SERVED] Business Days after such notice is mailed during normal postal conditions.  In the event of a postal disruption, any notice mailed will be deemed received on the [INSERT THE APPLICABLE NUMBER OF BUSINESS DAYS WITHIN WHICH THE NOTICE WILL BE DEEMED SERVED] Business Day following resumption of regular postal service:
       1. If to the Party A: [INSERT EMAIL ID OR/AND ADDRESS OF PARTY A]
       2. If to the Party B: [INSERT EMAIL ID OR/AND ADDRESS OF PARTY B]
    2. Either party may change its address/email address for notices and other communications upon notice to the other party in the manner aforesaid.
15. ENTIRE AGREEMENT
    1. This Agreement constitutes the entire agreement between the Parties regarding the subject matter herein and supersedes all prior discussions, negotiations, and agreements, whether oral or written.
16. SEVERABILITY
    1. If any provision of this Agreement is found to be unenforceable or invalid, such provision shall be modified to the extent necessary to render it enforceable, or if that is not possible, severed from this Agreement, and the remainder of this Agreement shall remain in full force and effect.
17. INDEPENDENT LEGAL ADVICE
    1. The Parties are advised to seek independent legal counsel before entering into this Agreement. Each Party acknowledges that they have been given a reasonable opportunity to consult with an attorney of their choosing regarding the terms, conditions, and obligations set forth in this Agreement, including any restrictions or commitments imposed herein.
    2. By signing this Agreement, the Parties confirm that they have either sought such independent legal advice or voluntarily chosen to proceed without it. Each Party further represents that they are entering into this Agreement knowingly, voluntarily, and with a full understanding of its provisions. The Parties acknowledge that they are not relying on any statements, promises, or representations made by the other Party or any representative thereof that are not expressly included in this Agreement.
18. DECLARATION
    1. The parties hereby understand and expressly agree to the provisions laid down in the present agreement and in good faith, undertake that both parties shall follow the terms of this agreement in good conscience in order to secure better growth of both the Parties.

IN WITNESS WHEREOF, the parties, intending to be legally bound, have each executed this agreement as of the effective date.

Signed, sealed and delivered on behalf of the Party A:

Name: [INSERT NAME OF PARTY A]

Signature:

Date: [INSERT SIGNING DATE OF PARTY A]

Signed, sealed and delivered on behalf of the Party B:

Name: [INSERT NAME OF PARTY B]

Signature:

Date: [INSERT SIGNING DATE OF PARTY B]