Tags

, , , , , , ,


ATTORNEY ADVERTISING: Information herein and is not intended to be, legal advice. This sample legal document is provided as part of a free educational service by Zachary Irtaza Riyaz, Esq., attorney at law in the State of New York, for reference only. Statutes and codes such as Domestic Relations Law (DRL) are frequently amended and may affect the validity of the above legal document and no representation is made that the above sample is going to be enforceable in the future. Updated statutes and codes may be available at the New York State Legislature Website. No statute or sample legal document should be relied on without understanding controlling case law which may further interpret it. AN ATTORNEY SHOULD BE CONSULTED FOR LEGAL ADVICE.

A prenuptial agreement, antenuptial agreement, or premarital agreement, commonly abbreviated to prenup or prenupt, is a contract entered into prior to marriage, civil union or any other agreement prior to the main agreement by the people intending to marry or contract with each other.

______________________________________________________________________

Partial Prenuptial Agreement

PRE-NUPTIAL AGREEMENT made the __________, by and between __________, and __________ both residing at ___________________________________.

WITNESSETH

WHEREAS, __________ and __________ hereto contemplate and intend to enter into and solemnize a marriage in the State of New York. In anticipation thereof, they desire to fix and determine the rights and claims of each that will or may accrue to each by reason of said marriage in the event the marriage is terminated by death or legal proceedings; and

WHEREAS, __________ and __________ hereby acknowledge that they have entered into this Agreement for the purpose of resolving their expectations and clarifying their intentions with respect to any and all spousal support and property, estate and dissolution of marriage rights that may or will arise out of their marital relationship in order to remove these considerations as potential distractions from their future relationship as marriage partners; and

WHEREAS, __________ is willing to waive, release and renounce certain claims and rights as hereinafter indicated which, after the consummation of said marriage, he might or could have as Husband, surviving spouse or otherwise, in the real and personal property and estate, wheresoever situated, which __________ now has, or may hereafter acquire or own; and

WHEREAS, __________ is willing to waive, release and renounce all claims and rights as hereinafter indicated which, after the consummation of said marriage, she might or could have as Wife, surviving spouse or otherwise, in the real and personal property and estate, wheresoever situated, which __________ now has, or may hereafter acquire or own;

WHEREAS, each of the parties desires to retain the right, in the future, to voluntarily make financial provisions for the other whether during the parties’ joint lifetimes or at death without otherwise waiving the terms of this agreement;

NOW, THEREFORE, in consideration of the premises contained herein, and the marriage, it is agreed as follows:

AGREEMENT:

SEPARATE PROPERTY:

1. __________ agrees that __________ shall keep and retain sole ownership, control and enjoyment of all property, real and personal, personal and mixed, whether tangible or intangible, and wheresoever situated, which he now owns or may hereafter be acquired by him in any manner whatsoever, except as is set forth hereinafter.

2. __________ agrees that __________ shall keep and retain sole ownership, control and enjoyment of all property, real and personal, personal and mixed, _________________________________except as is set forth hereinafter.

3. It is the intent of the parties that any property owned by either of the parties prior to marriage and any appreciation thereto, shall be considered separate property.

4. __________’s separate property shall also include, but not be limited to:

(a) All property deemed Mr. ________separate property pursuant to New York Domestic Relations Law § 236.

(b) ________________ degrees, professional licenses, licenses, future earnings, ___________________________________ enhanced earnings, enhanced earning capacity, excess earnings, career, business venture, skills or similar intangible assets of any kind.

(c) Any and all distributions, payments, income or other benefits received or accrued with respect to any revocable or irrevocable trust or estate of which ___________ is a beneficiary, remainder beneficiary or contingent beneficiary.

(d) Any and all interests in any revocable or irrevocable trusts as to which

________________ has an interest, whether as settler, trustee, beneficiary, remainder beneficiary, contingent beneficiary, or otherwise.

(e) Any property titled and/or deeded in __________________ name individually now and in the future.

5. It is acknowledged that __________ is now possessed of net assets, worth approximately ________________________________.

6. It is acknowledged that the aforementioned net assets, and any increase thereof, which __________

………………..

7. __________’s separate property shall also include, but not be limited to:

(a) All property deemed Ms. _____________ separate property pursuant to New York Domestic Relations Law § 236.

(b) Ms. _____________degrees, professional licenses, licenses, future earnings, medical practices, companies, corporations, business interests, practices, goodwill, ______________________or similar intangible assets of any kind.

(c) Any and all distributions, payments, income or other benefits received or accrued with respect to any revocable or irrevocable trust or estate of which Ms. ______________ is a beneficiary, remainder beneficiary or contingent beneficiary.

(d) Any and all interests in any revocable or irrevocable trusts as to which

Ms._________ has an interest, whether as settler, trustee, beneficiary, remainder beneficiary, contingent beneficiary, or otherwise.

(e) Any property titled and/or deeded in Ms. _____________name individually now and in the future.

8. It is acknowledged that __________ is now possessed of net assets, worth approximately _______________________

9. It is acknowledged that the aforementioned net assets, and any increase thereof, which __________

………………..

10. Further, no contribution of either party, direct or indirect, economic or noneconomic, _____________

11. Without limiting the generalities of this article, except as is set forth herein, each party agrees that

………………..

12. Property hereafter held, received or acquired by either party from his or her respective family or ____________________, and __________________

13. The parties further agree that they shall jointly purchase their _____________________ and title the property in joint names.

14. Any individual retirement account, pension, specifically but not limited to,

………………..

liabilities), whether

………………..

MARITAL PROPERTY

16. The parties anticipate that during their marriage they may from time to time establish joint accounts or acquire joint assets. Such joint accounts _____________________________________________________, then the party contributing such separate property shall be entitled to a dollar for dollar credit for that separate property contribution before the Marital Property is equally divided between the parties.

17. All marital debt, specifically but not limited to all debts, _______________________________before the Marital Property is divided between the parties.

18. For purposes of this agreement, the term separate property shall be deemed to have the meaning of such term as set forth in New York Domestic Relations Law 236B, as the same has been construed by ________________________________. The parties agree that unless property is denoted in this agreement as joint or marital property, it shall be considered separate property, except as set forth in paragraph “10” herein

TERMINATION OF THE MARRIAGE:

19. A “Termination of the Marriage” shall be defined for purposes of this Agreement as (a) the entering into a ____________________________

In the event that the parties face marital difficulties, they agree that they shall 

………………..

Notwithstanding, either party shall have the ability to commence an action for divorce based upon the grounds that ________________________________, pursuant to Domestic Relations Law.

RIGHTS UPON 

………………..

20. In the event of a Termination of the Marriage:

(a) The separate property and any debt related thereto of each party shall be ______________________________________. Such separate property shall continue to be and shall remain separate property except as set forth herein. __________ hereby waives and relinquishes any and all claims to the ________________________. __________ hereby waives and relinquishes any and all claims to the separate property of __________.

(b) __________’s separate property shall be treated as if the parties were never married and without regard to any _________________________, community property or by any other description or term that would give __________ rights in such property.

(c) __________’s separate property shall be treated as if the parties were never married and without regard to any contribution or effort, direct or indirect, that __________ may have made to such property, except for economic contribution as set forth in paragraph “10” herein.. This shall be so regardless of whether separate property would, in the absence of this Agreement, be characterized under the laws of the State of New York or under the law of any other jurisdiction within or without the United States of America as marital property, community property or by any other description or term that would give __________ rights in such property.

MAINTENANCE

(d). Pursuant to the authority granted by Section 236.6, Part B, of the D.R.L. and Section 5-311 of the General Obligations Law of the State of New York (“G.O.L.”) __________ and __________ hereby waive, release, r____________________________________under Domestic Relations Law Section 236.6. Part B, unless either party is unable to maintain employment consistent with their education, including but not limited to working as a medical professional, physician, teacher, consultant or a manager in the medical field.

(g). __________ represents that he possesses assets and income or earning capacity so that he may be deemed self-supporting.

(h). __________ represents that she possesses assets and income or earning capacity so that she may be deemed self-supporting.

21. Except for the division of Marital Property as provided for in _________________________________, except as otherwise provided.

DEBTS

22. (a) Upon the execution of this Agreement and thereafter, including upon a Termination of the Marriage and upon an action for divorce, each party shall

………………..

(b) At all times, neither party shall incur any debts,

………………..

(c) In the event that either party voluntarily

………………..

The parties have also set forth their present separate debts in Schedule A and Schedule B of this agreement.

SUPPORT OF FUTURE CHILDREN

23. ___________________

………………..

FURTHER DOCUMENTS

24. __________ agrees that upon the request of __________ or of his legal representatives, she shall execute, ………………..

25. __________ agrees, that upon the request of __________ or of her legal representatives, he shall execute,

………………..

REPRESENTATIONS: DISCLOSURE

26. Each party is entering into this agreement with a full understanding of its provisions and with full financial disclosure by the other party. Neither party requires any further ____________________________________ and provisions of this agreement are in his or her best interest.

27. __________ has been represented by ____________________LLP. __________ has been previously advised and IS H_______________________________________ before signing it. The attorney for __________ has in no way advised __________ with respect to any aspect of this agreement and has in no way represented __________ with respect to its preparation.

28. __________ has obtained the services of the ________________., located at ______________________________ to review this agreement and provide legal counsel before execution.

29. __________ declares and acknowledges that she is employed _____________________

30. __________ declares and acknowledges that he is employed at ____________________

31. __________ acknowledges that all rights which she waives, releases and renounces by this agreement and all matters embodied herein have been fully explained to her by counsel of her own selection;___________________________________________and with full knowledge of its consequences; that in connection with this agreement he has had the benefit of the advice of independent counselor of her own selection, namely, _________________, Esq., and that said counsel has advised her that this agreement is valid and binding upon her.

32. __________ acknowledges that all rights which he waives, releases and renounces by this agreement and all matters embodied herein have been fully explained to him by counsel of his own ____________________________________________, namely, _______________________, and that said counsel has advised him that this agreement is valid and binding upon him.

33. Both parties agree that they have had a full and complete opportunity to examine the respective financial positions of the other and both parties agree that they shall not and will not attack the validity of this agreement based upon a claim that such full opportunity and full disclosure had not been made to them.

GENERAL PROVISIONS

34. Each of the parties hereto, _____________________________________ this Agreement.

35. If either party (the “Indemnifying Party”) commences an action or proceeding in any forum to modify or set aside this Agreement,

………………..

36. The parties agree that the provisions of this Agreement ________________________.

37. This Agreement may not be___________________________.

38. In the event that any term, provision or paragraph of this Agreement is or is declared illegal, void or unenforceable, same shall not

………………..

39. This Agreement and its provisions set forth the entire u_______________________.

40. This Agreement shall bind the parties, their heirs, executors, administrators, legal representatives and assigns.

41. The provisions of this Agreement are to be incorporated

………………..

42. Each of the parties has read this Agreement prior to the signing thereof.

IN WITNESS WHEREOF

………………..

_______________________________ ______________________________

__________ __________

___________

Witness 1 Witness 2

CERTIFICATE OF SUBSCRIBING WITNESS

STATE OF NEW YORK )

) ss.:

COUNTY OF SUFFOLK )

On the ____________, before me, the undersigned,…………………………………………………………………_________________

____________________________

Notary Public

CERTIFICATE OF SUBSCRIBING WITNESS

STATE OF NEW YORK )

) ss.:

COUNTY OF SUFFOLK )

On the __________________, before me, …………………………………………………………………_________________

Notary Public

STATE OF NEW YORK)

) ss.

COUNTY OF SUFFOLK)

On the _______ day of in the year 2010 before me, t…………………………………………………………………_________________

NOTARY PUBLIC

STATE OF NEW YORK)

) ss.

COUNTY OF SUFFOLK)

On the _______ day of in the year 2010 before me…………………………………………………………………_________________

NOTARY PUBLIC

Schedule A

__________’S SEPARATE DEBTS

  1. All student loans in the name __________
  2. All credit cards in the name __________

Schedule B

__________’S SEPARATE DEBTS

  1. All student loans in the name of __________.

B. All credit cards in the name __________

ATTORNEY ADVERTISING: Information herein and is not intended to be, legal advice. This sample legal document is provided as part of a free educational service by Zachary I.  Riyaz, Esq., (516) 234 0348 attorney at law in the State of New York, for reference only. Statutes and codes such as Domestic Relations Law (DRL) are frequently amended and may affect the validity of the above legal document and no representation is made that the above sample is going to be enforceable in the future. Updated statutes and codes may be available at the New York State Legislature Website. No statute or sample legal document should be relied on without understanding controlling case law which may further interpret it. AN ATTORNEY SHOULD BE CONSULTED FOR LEGAL ADVICE.

Advertisements