Pre Marriage Divorce Agreement for the United States

Pre Marriage Divorce Agreement Template for United States

A Pre-Marriage Divorce Agreement is a legally binding contract executed before marriage in the United States, governed by both federal and state laws. This agreement establishes the property rights and financial obligations of prospective spouses in the event of divorce or death. It must comply with the Uniform Premarital Agreement Act where adopted, and state-specific requirements for validity and enforceability.

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What is a Pre Marriage Divorce Agreement?

A Pre Marriage Divorce Agreement serves as a crucial legal tool for individuals entering marriage who wish to clearly define their financial rights and obligations. This document, governed by U.S. federal and state laws, outlines how assets, debts, and potential support payments will be handled in case of divorce or death. It is particularly relevant for individuals with substantial assets, business interests, or inheritance expectations. The agreement must meet strict requirements for validity, including full financial disclosure, independent legal counsel, and voluntary execution by both parties.

What sections should be included in a Pre Marriage Divorce Agreement?

1. Parties: Identification and details of both parties entering into the agreement

2. Background: Context of the agreement, including intention to marry and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Financial Disclosure: Complete disclosure of assets, liabilities, and income of both parties

5. Property Rights: Division of property rights during marriage and upon divorce

6. Execution Requirements: Conditions for valid execution including voluntary signing and legal counsel

What sections are optional to include in a Pre Marriage Divorce Agreement?

1. Spousal Support: Terms regarding alimony or maintenance payments in case of divorce

2. Estate Rights: Rights of surviving spouse in case of death and inheritance provisions

3. Business Interests: Protection of business assets and income, including future business ventures

4. Debt Allocation: Treatment of existing and future debts between the parties

What schedules should be included in a Pre Marriage Divorce Agreement?

1. Schedule A - Assets of First Party: Detailed list of first party's assets and their values

2. Schedule B - Assets of Second Party: Detailed list of second party's assets and their values

3. Schedule C - Financial Statements: Current financial statements of both parties

4. Appendix A - Certificates of Independent Legal Advice: Signed certificates from each party's legal counsel confirming independent advice

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Cost

Free to use
Clauses
Industries

Uniform Premarital Agreement Act (UPAA): Federal legislation adopted by many states that provides framework for creation, modification and enforcement of prenuptial agreements

Federal Tax Laws: Regulations governing tax implications of property division and support payments in prenuptial agreements

ERISA: Employee Retirement Income Security Act - federal law governing retirement benefits and their treatment in prenuptial agreements

State Family Law Codes: State-specific legislation governing marriage, divorce, and family matters that may affect prenuptial agreement terms

State Property Laws: Laws governing property rights and division, particularly important in distinguishing between community property and equitable distribution states

State Prenup Requirements: State-specific requirements for valid prenuptial agreements, including execution, timing, and content restrictions

State Contract Laws: General contract law principles that apply to the formation and enforcement of prenuptial agreements

Financial Disclosure Requirements: Legal requirement for complete and accurate disclosure of all assets, liabilities, and income by both parties

Independent Counsel Requirement: Legal consideration regarding the opportunity for both parties to seek independent legal advice before signing

Execution Requirements: Legal requirements for proper signing, witnessing, and notarization of the agreement

Time Requirements: Legal considerations regarding adequate time for review before marriage and signing deadline requirements

Child-Related Restrictions: Legal limitation preventing predetermined child custody and support arrangements in prenuptial agreements

Public Policy Compliance: Requirement that all provisions must not violate public policy or state/federal laws

Unconscionability Provisions: Legal doctrine that may void extremely unfair or one-sided terms in the agreement

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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