Free Prenuptial Agreement Form
Here you can download our attorney drafted Free Prenuptial agreement form, complete with a Certification of Independent Legal Advice section.
A Prenuptial Agreement form, also known as Premarital Agreement form, or Antenuptial Agreement form, is a contract for couples planning to get married. It outlines the division of properties and debts in the event of a divorce. Other critical issues such as spousal support, inheritances or child custody will also be addressed.
The parties involved should also take the opportunity to discuss openly about their current financial situations as well as future plans. It is advisable that the Prenuptial Agreement be signed in the presence of a qualified attorney. If the mentioned is not carried out, then it should be done with a notary public or at the very least, in front of two witnesses.
Prenuptial Agreement Form
Is a Prenuptial Agreement Suitable for you?
Prior to starting a prenuptial agreement, there are a few key questions you and your spouse should address to decide if it is suitable for both parties to enter into a prenuptial agreement.
When you should opt for a prenuptial agreement:
- This is not your first marriage
- You have offspring from a previous marriage or relationship
- Either you or your spouse currently carries a large amount of debt or liabilities
- There is a large gap in the level of wealth or property between yours and your future spouse’s
- You own, or will inherit ownership of, partly or wholly, a company, business or non-profit
- You are expecting or have already received an inheritance
- Either you or your spouse will be a stay-at-home mom or dad and will be dependent on the other spouse’s income
- You or your spouse owns one or more real estate properties and are concerned how the marriage would affect the ownership and right to those properties
When you should NOT opt for a prenuptial agreement:
- You are not entering into the agreement of your own free will
- Neither you nor your spouse possesses substantial assets or liabilities
- The drafted agreement’s described benefits are heavily skewed towards one party
- You do not have a qualified lawyer to vet through the documents
- Both you and your spouse are already agreeable to your state’s default divorce laws
A prenup doesn’t last forever …
A prenuptial agreement is valid for a given period of time. In many countries where they are used, they are referred to as ‘sunset‘ clauses because of the time frame. The clauses are different in every state. If the sunset clause is not taken care of and it becomes ignored, then this agreement becomes null and void and it can not be used in any legal case. To many couples, this agreement ceases to be functional every time they have a child. This is because the child represents the true heir to the property which the agreement seeks to safeguard.
Preconditions for a prenuptial agreement
When making a prenuptial agreement, there are certain conditions that have to be met first. First of all, the parties have to be entering the agreement out of their own free will free from any pressure or undue influence and even any other factors that would make the contract look forced.
This means that the people involved in the contract have to be part of it due to their own free will. It is advised that every party takes legal advice before committing themselves with the contract so as to be fully aware of the legal implications as a result of being part and parcel of the agreement.
The parties must also have full knowledge of the material facts which means that everything should be disclosed in a frank manner. In many countries like the U.S, a prenuptial agreement has to meet some agreements for it to be binding. One thing is that they must be on paper. Oral agreements are not accepted in any case. The signing of the agreement has also to be written out of free will (just like we discussed above) before a witness. Another thing is that the agreement can fail to work if one partner refuses to disclose anything important and gets into the marriage. Lastly, the agreement has to be morally and ethically unquestionable.
What to look out for in a prenuptial agreement form?
A good prenuptial agreement form must cover all the above mentioned factors and points. These templates are available online for everyone who wants to use them to download. It makes sure that all details regarding to property of both bride and groom is highly prominent.
Most of them are usually created using MS Word and therefore very easy for everyone to use. Whenever a couple wants to look for a prenuptial agreement form or template to use, it is important that they take into consideration a few factors. One factor is the information in the template. The template has to by all means cover all the relevant information that they want covered without leaving anything out. Another thing is the format the agreement is written in. It should give room for the necessary things like signing which involves more than one signature. It should also provide spaces for other equally important activities as well like the advocate stamp where the agreement is sealed and so on.
If the couple looks carefully at all the above factors, then they are bound to have a very good relationship which is highly safeguarded by the prenuptial agreement template. Many websites which offer these templates offer the person downloading them with the privilege to edit and customize the prenuptial agreement template.
This is good as it ensures that every detail that is needed is added whether the original template had it or not. Because the prenuptial agreement template is geared towards saving the couple from possible disputes, it should be handled very carefully and all efforts being made to ensure that it is always kept safe. The couple should also make sure that there are numerous copies for both of them to have.