This Pre-Nuptial Agreement is a contract made in anticipation of marriage that specifies
each party's respective rights in their separate property. The agreement sets forth that
the separate property owned by each party before the marriage shall remain separate
property. It also contains provisions for the division of property in the event of a divorce
and states that neither party shall seek spousal support. This document includes
numerous standard provisions and may be customized to address the specific needs of
the parties. This should be used by individuals who intend to marry, but want to keep
their assets as separate property.
This AGREEMENT made on this ___ day of ________ of _______, between ___________
[Comment: insert future husband’s name], an adult residing in ____________________
[Comment: insert city and state] and ___________ [Comment: insert future wife’s name], an
adult residing in ____________________ [Comment: insert city and state] (hereinafter the
This Agreement is made in consideration of the contemplated marriage of the above-named parties.
Each party to this Agreement has separate property and the parties are setting forth in this
Agreement their respective rights in and to all property of either owned at the date of their
marriage and in and to all property that may be acquired by either or both after their marriage.
Parties are also setting forth their rights regarding spousal support or maintenance.
II. SEPARATE PROPERTY
Except as otherwise provided in this Agreement, the following property owned by either party
shall remain and be their separate property: all property acquired by either party by gift, devise,
bequest or inheritance, all property, including real or personal property, the income from such
property, and the investments and re-investments of such property.
The aforementioned separate property of each party shall be subject entirely to each party’s own
individual use, control, benefit and disposition. Neither of the parties shall, before or after the
contemplated marriage, acquire for themselves individually, assigns or creditors, any interest in
the separate property of the other party nor any right to the use, control, benefit or disposition of
Each party shall have the right at all times to dispose of any or all of their separate property by
deed, bill of sale, gift, trust, will, mortgage, encumbrance, pledge, lien, or charge without
limitation in any manner whatsoever upon their own individual signature or act without the
necessity of any joinder, action, or consent by the other party. By virtue of this Agreement, both
parties waive, release and relinquish any ownership or right in the separate property of the other
and to use, control, benefit or dispose of the other's separate property.
If the parties reside or become residents of a state, territory or foreign country, and under the
laws of such jurisdiction the property and interests of the couple are treated differently than as
contemplated by this Agreement (such as a community property state) the property interests of
the parties shall remain as stated in this Agreement.
Parties herby agree to sign all future necessary and appropriate documentation necessary to
relinquishing any apparent right of the party to the aforementioned separate property arising by
reason of their marital relationship. The signing of such documents shall not impose any personal
liability upon the signing party.
The property currently owned by each party is documented in Exhibit A and Exhibit B, which by
this reference are incorporated into this Agreement.
III. FULL DISCLOSURE
The parties hereby acknowledge that they are of lawful age, are competent to contact, are free to
enter into the contemplated marriage, have full knowledge of the other party’s property, income
and debts, and enter into this Agreement freely and voluntarily.
Each party additionally acknowledges that they have full knowledge of the terms and provisions
of this Agreement. Specifically, the parties acknowledge and agree that prior to the signing of
this Agreement, each party has disclosed their individual property interests and the probable
value of such property interests. Parties acknowledge that the property listings in Exhibit A and
Exhibit B are a complete and fair listing of each party’s individual property as disclosed prior to
the signing of this agreement.