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Pre-seed Angel investment agreement
I need a pre-seed angel investment agreement for a $100,000 investment with a 10% equity stake, vesting over 4 years with a 1-year cliff, and board observer rights.
What is a Prenuptial Agreement?
A Prenuptial Agreement is a legal contract that couples sign before getting married to spell out how they'll handle their finances and property if they later divorce. It lets both partners clearly state their financial rights, define what counts as separate or shared property, and protect assets they brought into the marriage.
Beyond just protecting wealth, modern prenups can cover everything from business ownership and inheritance rights to debt responsibilities and spousal support terms. While state laws vary, U.S. courts generally enforce these agreements as long as they're fair, properly disclosed all assets, and both parties had time to review the terms with their own lawyers.
When should you use a Prenuptial Agreement?
Consider a Prenuptial Agreement when significant assets, business interests, or inheritance rights need protection before marriage. This legal safeguard proves especially valuable for business owners, people entering second marriages, or those with substantial family wealth they want to preserve separately.
The ideal time to discuss a prenup is early in the engagement, at least six months before the wedding. This timing allows both partners to thoughtfully review their finances, consult separate attorneys, and negotiate fair terms without pressure. Having these conversations early helps avoid last-minute stress and ensures the agreement holds up better in court if ever needed.
What are the different types of Prenuptial Agreement?
- Post Prenuptial Agreement: Created after marriage to address changes in financial circumstances or forgotten details
- Inheritance Prenup: Specifically protects inherited assets and family wealth from being divided in divorce
- Common Law Marriage Prenup: Designed for couples in states recognizing common law marriage to establish property rights
- Cheap Prenuptial Agreement: Basic template covering essential property division without extensive customization
Who should typically use a Prenuptial Agreement?
- Engaged Couples: Both partners must voluntarily sign the agreement, with each fully disclosing their assets and debts
- Family Law Attorneys: Draft and review agreements, ensuring they meet state requirements and protect their clients' interests
- Business Owners: Often initiate prenups to protect their companies, intellectual property, and future business growth
- Financial Advisors: Help identify assets to protect and provide guidance on financial terms
- Estate Planning Lawyers: Coordinate prenups with wills and trusts to ensure consistent inheritance plans
How do you write a Prenuptial Agreement?
- Complete Asset Inventory: List all property, investments, retirement accounts, businesses, and debts for both partners
- Financial Documents: Gather tax returns, bank statements, property deeds, and business valuations from the past 3 years
- Future Plans: Document expected inheritances, career changes, and plans for property acquisition
- State Requirements: Review local marriage laws to ensure agreement meets enforceability standards
- Timeline Planning: Allow at least 30 days for both parties to review terms before the wedding date
- Agreement Terms: Define property division, spousal support, and how future assets will be handled
What should be included in a Prenuptial Agreement?
- Full Disclosure: Complete financial statements listing all assets, debts, and income sources for both parties
- Property Rights: Clear distinction between separate and marital property, including future acquisitions
- Spousal Support: Terms for alimony or waiver of support rights, following state guidelines
- Signing Declaration: Statements confirming voluntary execution and understanding of terms
- Severability Clause: Protection ensuring invalid sections don't void the entire agreement
- Governing Law: Specification of which state's laws will interpret and enforce the agreement
- Execution Requirements: Dated signatures, witness signatures or notarization as required by state law
What's the difference between a Prenuptial Agreement and an Asset Purchase Agreement?
A key distinction exists between a Prenuptial Agreement and an Asset Purchase Agreement. While both deal with property rights, they serve fundamentally different purposes in very different contexts.
- Timing and Purpose: Prenups are created before marriage to protect existing assets and set future financial terms, while Asset Purchase Agreements handle one-time business transactions for buying specific assets
- Parties Involved: Prenups are between future spouses, whereas Asset Purchase Agreements involve buyers and sellers in a business context
- Duration: Prenups remain active throughout the marriage until divorce or death, while Asset Purchase Agreements typically conclude once the sale is complete
- Legal Framework: Prenups fall under family law and require specific safeguards like voluntary signing and full disclosure, while Asset Purchase Agreements operate under commercial law with different enforceability requirements
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