I. SEPARATE PROPERTY
1.1. Any property, assets, or debts owned by either Party prior to the marriage shall remain that Party’s sole and separate property.
1.2. A list of each Party’s separate property is attached hereto as Exhibit A (Party A’s Separate Property) and Exhibit B (Party B’s Separate Property) and incorporated into this Agreement by reference.
1.3. Income, dividends, rents, and profits generated from separate property shall also remain separate property.
II. MARITAL PROPERTY
2.1. Any property, assets, or debts acquired by the Parties jointly during the marriage shall be deemed marital property, unless otherwise agreed in writing by the Parties.
2.2. The Parties agree to jointly manage marital property and divide it equitably in the event of separation or divorce, unless otherwise specified herein.
III. SPOUSAL SUPPORT
3.1. The Parties agree that in the event of separation or divorce, neither Party shall seek or receive spousal support or alimony from the other, unless:
- A court of competent jurisdiction determines that enforcement of this provision would result in extreme financial hardship.
3.2. This waiver does not apply to obligations arising from child support or other statutory responsibilities.
IV. INHERITANCE AND ESTATE PLANNING
4.1. Each Party shall retain the right to distribute their separate property upon death as they see fit through a valid will or estate plan.
4.2. Neither Party shall claim an elective share or statutory rights in the estate of the other Party unless otherwise agreed in writing after the marriage.
V. FULL DISCLOSURE AND VOLUNTARY EXECUTION
5.1. Each Party warrants that they have made a full and complete disclosure of their financial circumstances, including income, assets, liabilities, and debts, prior to signing this Agreement.
5.2. Each Party acknowledges that they are entering into this Agreement freely, voluntarily, and without duress, coercion, or undue influence.
VI. AMENDMENTS AND TERMINATION
6.1. This Agreement may only be amended or terminated in writing, signed by both Parties, and notarized.
6.2. This Agreement shall automatically terminate upon the death of either Party, unless otherwise specified.
VII. GOVERNING LAW
7.1. This Agreement shall be governed by and construed in accordance with the laws of the State of [insert state], without regard to its conflict of laws provisions.
VIII. SEVERABILITY
8.1. If any provision of this Agreement is found to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
IX. ENTIRE AGREEMENT
9.1. This Agreement constitutes the entire understanding between the Parties concerning the matters addressed herein and supersedes all prior discussions, negotiations, or agreements.
