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Regardless of where you get married, if you or your spouse or both are currently living in Quebec or intend to live in Quebec after your marriage, our prenuptial agreement will not work for you. Contact a local attorney to discuss your options.
PRENUPTIAL AGREEMENT
THIS PRENUPTIAL AGREEMENT (the "Agreement") MADE ON THIS ________ day of ________________, ________
BETWEEN:
______________________of __________- AND -______________________of __________
NOW THEREFORE in consideration of the upcoming marriage, and in consideration of the mutual promises and covenants contained in this Agreement, the Parties agree as follows:
IN WITNESS WHEREOF the Parties have hereunto set their hands and seals on the ________ day of ________________, ________.
SIGNED, SEALED AND DELIVEREDIn the presence of:
_____________________________WitnessPrinted Name: _________________
______________________________________________
THE PARTIES HEREBY EXECUTE THIS AGREEMENT ON THE ________ DAY OF ________________, ________.
CERTIFICATE OF INDEPENDENT LEGAL ADVICE
THE COMMONWEALTH OF VIRGINIACOUNTY OF _________________
I, _________________________, of the City of ___________________, in the Commonwealth of Virginia, Barrister and Solicitor, DO HEREBY CERTIFY:
THAT I was this day consulted in my professional capacity by ______________________, named in the within instrument, being a Prenuptial Agreement, separate and apart from ______________________, as to his legal rights and liabilities under the terms and conditions of it, and that I acted solely for him, and explained fully to him the nature and effect of the said Prenuptial Agreement and he did execute it in my presence, and did acknowledge and declare that he was executing it of his own volition and without any fear, threats, compulsion or influence from ______________________, or any other person.
DATED at the City of ___________________, in The Commonwealth of Virginia, this _____ day of _________, 20___.
________________________BARRISTER & SOLICITORPrint Name: _________________
I, ______________________, the person named in the annexed Agreement, hereby acknowledges the foregoing this ____day of ______________20___.
I, _________________________, of the City of ___________________, in The Commonwealth of Virginia, Barrister and Solicitor, DO HEREBY CERTIFY:
THAT I was this day consulted in my professional capacity by ______________________, named in the within instrument, being a Prenuptial Agreement, separate and apart from ______________________, as to her legal rights and liabilities under the terms and conditions of it, and that I acted solely for her, and explained fully to her the nature and effect of the said Prenuptial Agreement and she did execute it in my presence, and did acknowledge and declare that she was executing it of her own volition and without any fear, threats, compulsion or influence from ______________________, or any other person.
Special Notes on Prenuptial Agreements governed by the Commonwealth of Virginia
The Commonwealth of Virginia has chosen to adopt the Uniform Premarital Agreement Act (UPAA), a statute created for the purpose of standardizing the requirements of prenuptial agreements between states. As such, this Agreement has been worded based on the notion subscribed to by the UPAA that prenuptial agreements should be entered into voluntarily and fairly upon the exchange of disclosure between the Parties.It is best to sign the Prenuptial Agreement in front of your own lawyer and to receive a Certificate of Independent Legal Advice from your lawyer. Alternatively, you should consider seeing a notary public or at the minimum sign the document in front of one or two witnesses.
A Prenuptial Agreement is also known as a/an:
A Prenuptial Agreement is a contract that you and your future husband or wife create prior to becoming legally married. It is used to set out the current and future financial responsibilities of each partner in case the couple separates, divorces, or one partner passes away.
For individuals who want to protect themselves but who will not be legally married, a Cohabitation Agreement (sometimes called a Common Law Partner Agreement) can serve as a solution.
Prenuptial Agreements generally cover any and all financial matters. This includes division of properties, income, businesses, investments, inheritances, and other similar assets.
Typically, prenups also cover the division of joint debt (for instance, debt that accrued from a joint credit card) and aspects of alimony (also known as spousal support).
A prenup cannot include terms regarding child custody, child visitation, or child support for existing or future children.
Most engaged couples would benefit from creating a Prenuptial Agreement before getting married. However, it is especially recommended if you:
A Prenuptial Agreement can be used by any engaged couple who can legally marry in the United States. Gay marriage is recognized in all states.
LawDepot's Prenuptial Agreement allows the two parties in the document to list themselves as same sex or male and female.
A prenup typically clarifies which assets are considered separate or shared.
Separate property (sometimes called separate assets) is property owned by one partner, whereas shared property (sometimes called shared assets) is property owned by both you and your future husband or wife.
Generally, property purchased after a couple marries is considered shared property.
If the relationship ends, separate assets are retained by the partner that owns them and shared assets are divided in accordance with the terms of the Prenuptial Agreement or state law.
Yes, if a Prenuptial Agreement is not created properly or in good faith, it can be voided.
For instance, a Prenuptial Agreement is invalid if:
You and your partner will also want to sign your Prenuptial Agreement following the proper procedure, which is to both sign in front of a witness.
A couple may wish to have their agreement reviewed by a lawyer as well. If so, keep in mind that each partner is required to get legal advice from their own lawyer (i.e. independent legal advice) to avoid issues such as duress or fraud.
Sample
Prenuptial Agreement
Create Your Prenuptial Agreement
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