Prenups Made Easy

For starters, let me be clear that no one (hopefully) gets married with an exit plan…it’s just plain pessimistic, right?  Maybe so, but it is also important to have clarity going into marriage no differently than going into a business arrangement.  I have put together a very straightforward antenuptial agreement (more commonly called a prenup) for your perusal.  It is for informational purposes only and may not suit your situation, always consult with an attorney.  Notice that custody issues are not present.  The reason for that is that the court will not honor these…they only follow existing law and any contract regarding custody and visitation is not valid.  So, take a look.  I hope it is helpful. 

THIS AGREEMENT AND CONTRACT made on this the ____ day of ___________ 20____, by and between                         (hereinafter from time to time referred to as Husband), and               (hereinafter from time to time referred to as Wife), 

W I T N E S S E T H: 

WHEREAS, the parties hereto contemplate legal marriage in the State of ___________________, and residence in the State of Mississippi; and, 

WHEREAS, it is their mutual desire to enter into this agreement and contract whereby they will regulate their relationships toward each other with respect to certain property owned by the parties and in which they have an interest; and, 

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

Wife, now owns in her own right certain property and owes certain debt described and valued in that attachment hereto, Exhibit  A,  consisting of 1 page.  

It is mutually agreed and contracted between the parties hereto that the property and debt  described in Exhibit A shall be and does constitute a separate estate and obligation belonging solely to Wife, and Husband shall have no right, claim, interest, or obligation whatsoever in, to, or for any portion of said property and debt. In consideration of said marriage, Husband waives and relinquishes any and all claims to homestead, widowers allowance, right of inheritance, right to renounce surviving spouses will, equitable distribution in case of divorce, (including, but not limited to the marital home doctrine), and any other right in and to the aforesaid property or any additions to or appreciation in said property or any portion thereof and any income generated therefrom, which might have vested in him by virtue of their marriage, in absence of this agreement. 

II 

It is further agreed and understood by and between the parties hereto that in the event Wife, should sell, transfer, swap, trade, or exchange any of the property described in Exhibit A, then the consideration received therefor by Wife, whether cash, personalty, realty, or otherwise, shall be substituted in the place and stead of the property described above, and Husband shall have no right, claim, or interest in and to the substituted property or its income. 

III 

Husband, now owns in his own right certain property and owes certain debt described and valued in that attachment hereto, Exhibit  B,  consisting of 1 page. 

It is mutually agreed and contracted between the parties hereto that the property and debt  described in Exhibit B shall be and does constitute a separate estate and obligation belonging solely to Husband, and Wife shall have no right, claim, interest, or obligation whatsoever in, to, or for any portion of said property and debt. In consideration of said marriage, Wife waives and relinquishes any right in and to the aforesaid property or any additions to or appreciation in said property or any portion thereof and any income generated therefrom, which might have vested in her by virtue of their marriage, in absence of this agreement. 

IV 

           It is further agreed and understood by and between the parties hereto that in the event Husband, should sell, transfer, swap, trade, or exchange any of the property described in Exhibit B, then the consideration received therefor by Husband, whether cash, personalty, realty, or otherwise, shall be substituted in the place and stead of the property described above, and Wife shall have no right, claim, or interest in and to the substituted property or its income. 

The parties hereto mutually agree that any and all property hereafter owned or acquired after their marriage (with the specific exceptions of the property owned by Wife and Husband and listed in those attachments hereto plus any additions to or appreciation [including active and passive appreciation] in said property and any income generated therefrom) shall constitute the parties marital estate, and shall pass outside this contract and agreement.  As concerns such property acquired by the parties after their marriage, each party shall retain such rights as vested in them by virtue of such marriage, including but not limited to all homestead and inheritance rights. 

VI 

Each party hereto acknowledges that the other shall have the full right and authority, in all respects the same as he or she would have if unmarried, to use, enjoy, manage, convey, mortgage, and dispose of all of his or her present and future property and estate and its income as described in Exhibit A and B hereto, of every kind and character, including the right and power to dispose of same by last will and testament. 

VII 

In case of a divorce, whether agreed to by the parties or pursuant to order of a court of competent jurisdiction, Husband agrees to provide the Wife the sum of $20,000 within 6 months to the wife as lump sum alimony if the parties have one child in their custody, and an additional $10,000 for each child thereafter.  Child support is separately by statute provided under MS Code Annotated (1972, as amended). 

In addition, in case of a divorce, whether agreed to by the parties or pursuant to order of a court of competent jurisdiction Husband agrees to provide Periodic Alimony to the wife for the period of one year in the amount of %15 of gross adjusted income as defined by applicable statute after issuance of a final decree of divorce so long as she remains unemployed full-time, defined as 32 hours minimum per week.    

VIII 

In case of divorce, Husband agrees that he will not be entitled to any of the property or any additions to or appreciation therein or income therefrom as set forth in Wife’s financial statement attached as Exhibit A and that said property, or the worth thereof shall not be considered in determining the amount of relief to which he may be entitled, and he reiterates that he is foregoing, relinquishing, and waiving any and all claims for alimony, either lump sum or periodic, and separate maintenance or other support from Wife. 

In case of divorce, Wife agrees that she will not be entitled to any of the property or any additions to or appreciation therein or income therefrom as set forth in Husband s financial statement attached as Exhibit B, and that said property, or the worth thereof shall not be considered in determining the amount of relief to which she may be entitled, and she reiterates that she is foregoing, relinquishing, and waiving any and all claims for alimony, either lump sum or periodic, and separate maintenance or other support from Husband. 

IX 

Notwithstanding the provisions of this agreement, either party shall have the right to transfer or convey to the other any property or interest therein which may be lawfully conveyed or transferred during his or her lifetime, or by will, or otherwise upon death, and neither party intends by this agreement to limit or restrict in anyway the right and power to receive any such transfer or conveyance from the other. 

           This agreement is entered into by each party with the full knowledge that the other, has a separate estate, and no claim or demand can be predicated upon the fact that there has been any misrepresentation or concealment as to the amount and condition of said separate estate. It is expressly acknowledged by each party that he and she consider the amount fixed herein to be the sufficient participation in the estate of the other. It is expressly stated that each party hereto has sufficient general knowledge of the condition of the estate of the other. It is expressly stated that each party hereto has confidence in his and her own ability to hereafter acquire property in his or her own right to which he or she may look for support and inheritance to justify making and entering into this agreement. 

XI 

           This agreement is to become effective only upon the date of the marriage of the parties hereto. 

XII 

Each party acknowledges that he or she has had the opportunity to be represented in the preparation of this agreement by counsel or other advisers of his or her own choosing; that he or she has read this agreement; and, is fully aware of the contents and consequences of this agreement.  Husband is represented by Matthew Poole, Esq.  Tax advice is rendered to neither party. 

XIII 

This agreement shall be binding upon the heirs, legatees, devisees, and personal representatives of each of the parties. 

XIV 

The parties agree that should any paragraph or section of this agreement be held invalid by any court, such holding shall not affect the validity or enforcement of the remaining sections or paragraphs. 

XV 

This agreement and contract consisting of 8 pages plus exhibits thereto, constitutes the sole and entire agreement of the parties hereto, and all representations or agreements prior to or contemporaneous herewith are hereby merged herein. Further, this agreement and contract can only be changed or modified by a writing executed with the same formalities as the instant agreement and contract. 

WITNESS OUR SIGNATURES on this the _____ day of _____________, 20_____. 

    ____________________________________ 

                                                                 Husband  

____________________________________ 

                                                                 Wife 

STATE OF MISSISSIPPI 

COUNTY OF _________________ 

This day personally appeared before me, the undersigned notary public in and for the state and county aforesaid, the within named_____________________, who acknowledged before me that he signed, executed, and delivered the above and foregoing Antenuptial Agreement on the day and date therein mentioned for the purposes therein stated, as his own voluntary act and deed. 

Given under my hand and official seal on this the ______ day of _____________, 20_____. 

_______________________________________ 

NOTARY PUBLIC 

My Commission Expires: 

STATE OF MISSISSIPPI 

COUNTY OF ______________ 

This day personally appeared before me, the undersigned notary public in and for the state and county aforesaid, the within named ____________________, who acknowledged before me that she signed, executed, and delivered the above and foregoing Antenuptial Agreement on the day and date therein mentioned for the purposes therein stated, as her own voluntary act and deed. 

Given under my hand and official seal on this the ______ day of _____________, 20_____. 

_______________________________________ 

NOTARY PUBLIC 

My Commission Expires: 

Tags: , ,