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Prenuptial Agreement (Comprehensive)

Between [Name Of Husband] And [Name Of Wife]

THIS AGREEMENT made this [DAY] day of [MONTH], [YEAR], between [NAME OF HUSBAND] and [NAME OF WIFE] (COLLECTIVELY REFERRED TO AS THE "PARTIES"). The parties having agreed to marry as an outward expression to the world of their shared love and desire to be a union, now make this agreement with regard to their material possessions.

1. THE SEPARATE PROPERTY OF THE HUSBAND.

The parties acknowledge that THE HUSBAND had separate property prior to this marriage and he has chosen to deal with that property in this manner:

a. The property included in exhibit "A" is acknowledged by the parties to be the separate property of the HUSBAND and the WIFE make no claim to this property. This property will bear no liability for any of the debts of the WIFE to the greatest extent permissible under the laws of the state of [STATE] .

[Alternative]

b. The property included in exhibit "A" is acknowledged by the parties to be the separate property of the HUSBAND, however the HUSBAND has decided to transmute the title of this property to JOINT TENANCY / COMMUNITY PROPERTY.

2. THE SEPARATE PROPERTY OF THE WIFE.

The parties acknowledge that THE WIFE had separate property prior to this marriage and she has chosen to deal with that property in this manner:

a. The property included in exhibit "C" is acknowledged by the parties to be the separate property of the WIFE and the HUSBAND make no claim to this property. This property will bear no liability for any of the debts of the HUSBAND to the greatest extent permissible under the laws of the state of [STATE] .

[Alternative]

b. The property included in exhibit "D" is acknowledged by the parties to be the separate property of the WIFE, however the WIFE has decided to transmute the title of this property to JOINT TENANCY / COMMUNITY PROPERTY.

3. JOINTLY OWNED PROPERTY OF THE SPOUSES.

The property designated in clauses 2 and 4 as being JOINT TENANCY / COMMUNITY PROPERTY shall be all the JOINT TENANCY / COMMUNITY PROPERTY of the marital community.

4. PROPERTY ACCUMULATED DURING THE MARRIAGE.

The parties have decided that all property accumulated during this marriage by either party shall be (their joint tenancy property / community property / shall be titled as one or the other parties separate property. Each title document shall be attached to this agreement and shall be incorporated herein as a part of this agreement.)

5. PROPERTY OF THE CHILDREN OF THIS MARRIAGE.

Each child of this marriage shall take his or her share of their parents property as set forth in the [FAMILY REVOCABLE LIVING TRUST / PARENT'S WILL] .

6. PROPERTY RIGHTS OF CHILDREN OF PRIOR MARRIAGES.

Each child of this marriage shall take his or her share of their parents property as set forth in the [FAMILY REVOCABLE LIVING TRUST / PARENT'S WILL] .

7. DISTRIBUTION OF PROPERTY UNDER CLAUSES 3 AND 4 UPON DISSOLUTION OF THIS MARRIAGE.

It is the desire of the parties that if this marriage should be dissolved then each party should take their separate property. Each piece of JOINT TENANCY / COMMUNITY PROPERTY shall be divided one half to each party, after each piece of property has reimbursed either party who has benefited said property with separate property contributions.

8. AMENDMENT OF THIS AGREEMENT.

While this agreement remains in effect the parties agree to settle any disputes which arise under it through resort to mediation before a professional mediator. Both parties are to pay half of the fee's unless it is clear to the mediator that one of the parties is requesting mediation only to incur costs the other party cannot reasonably be expected to pay. If mediation fails than the dispute is to go before a single arbitrator. The arbiter need not be a lawyer or professional adjudicator, but may be a person with professional experience and training in family and/or community property law applicable in...

(Excerpt)

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