EXAMPLE FORM TO COMPLETE

Paragraph 1: YOUR FORM HERE A. Your details. THIS AGREEMENT is made between [Person 1 Full Name] (hereinafter [Person 1]) and [Person 2 Full Name] (hereinafter [Person 1]) B. Purpose of Agreement. The parties plan on marrying on [Month, dd, yyyy]. The purpose of this agreement is: To identify premarital assets and debts, To define mutual rights and obligations regarding property and finances after marriage, To support estate plans through waiver of certain spousal rights; and To set forth rights and obligations upon divorce. C. Current Circumstances. [Person 1] currently resides at [Address, City, State]. [ His/ Her] occupation is _________________. [ He/ She] has [#] children. [He/She] is [age] and in good health. [Person 2] currently resides at [Address, City, State]. [ His/ Her] occupation is _________________. [ He/ She] has [#] children. [He/She] is [age] and in good health. Paragraph 2: EFFECTIVE DATE AND TERM. A. Effective Date of Agreement. This agreement will be effective on the day of marriage. marry, this agreement will be null and void. B. Term of Agreement. After marriage, this agreement will remain in full force and effect indefinitely, unless and until signed in a written agreement revoking or modifying this agreement. If the parties do not

Paragraph 3: LEGAL REPRESENTATION. A. Representation of [Person 1]. [See Sample Form]___________________________________________________ ___________________________________________________________________ B. Representation of [Person 2]. [See Sample Form]___________________________________________________ ___________________________________________________________________ C. Drafting of Agreement. [See Sample Form]___________________________________________________ Paragraph 4: DISCLOSURES. A. [Person 1]'s Disclosures. [See Sample Form]___________________________________________________ ___________________________________________________________________ B. [Person 2]'s Disclosures. [See Sample Form]___________________________________________________ ___________________________________________________________________ C. Mutual Waiver of Further Disclosure. The parties understand that the values and other information on Schedules 1 and 2 are approximate and waive further discovery.

Paragraph 5: DEFINITIONS. A. This Agreement. The term "this agreement" refers to the provisions of this document, once signed, as modified by any subsequent amendments in writing and signed. B. Separate Property. Any asset designated as one person's separate property in this agreement belongs exclusively to that person. A spouse has the sole right to manage and dispose of his or her separate property assets. Separate property is not subject to division upon divorce or death. C. Marital Property. An asset designated as marital property in this agreement will be subject to equal division upon divorce, unless otherwise provided in this agreement or in another document. Any asset designated as marital property may be subject to a claim by a surviving spouse, unless he or she has signed a valid written waiver of such claims in this agreement or in another document. Both parties have equal rights to manage and control any martial property held in joint names unless otherwise agreed in writing. D. Divorce. The term "divorce" in this agreement refers to any legal proceeding to end or alter a marital relationship, including a proceeding for divorce, dissolution of marriage, legal separation or separate maintenance. Paragraph 6: OWNERSHIP OF PREMARITAL ASSETS. A. All Premarital Assets And Property Traceable To Them Remain Separate Property. [See Sample Form]___________________________________________________ ___________________________________________________________________ B. Premarital Retirement Benefits Will Be Separate Property. [See Sample Form]___________________________________________________ ___________________________________________________________________ Paragraph 7: RIGHTS IN ASSETS ACQUIRED DURING MARRIAGE. A. Rights In Assets Acquired During Marriage Will Be Determined According Io How Title Is Held.

Except as specified elsewhere in this agreement, every asset acquired after marriage, and any profits or growth in value or any sales proceeds or asset acquired in exchange for those assets, will be owned as specified in the document of title unless otherwise agreed in writing. If an asset is tangible personal property that does not have a document of title, the person who paid for the asset will be the owner. Each party understands that if it were not for this agreement, certain assets acquired during marriage might be considered marital property despite the name in which title is held, and the parties knowingly agree to waive marital rights in such assets and be bound by this agreement instead, unless a marital property form of ownership is specified in the title or unless otherwise agreed in writing, except for computers and related computer hardware and software. All furniture and non-fixed appliances are to be considered marital property, including, but not limited to sofas, chairs, televisions, stereos, tables, desks, beds, mattresses, lamps, toaster oven, etc. B. All Income Will Be Separate Property. Except as specified elsewhere in this agreement, wages and other earned or unearned income will be considered the separate property of the person who earned or received the income if deposited into separate accounts. This clause applies to wages or income earned during marriage even if received at a later time. It also applies to unearned income such as dividends, interest, rents, and partnership distributions received during marriage if deposited into separate accounts. C. Inheritances Received By One Party During Marriage Will Be Separate Property. If one of the parties receives an asset as an inheritance, bequest, trust distribution, or other death benefit during marriage, that asset will be his or her separate property if deposited into separate accounts. Any profits or growth in value or any sales proceeds or assets acquired in exchange for a separate property inheritance described above will also be separate property. D. Gifts Received During Marriage Will Be Separate Property. Except as specified elsewhere in this agreement, any asset received during marriage as a gift from a third party or from the other spouse will be the separate property of the spouse who receives the gift. Gifts of money will be separate property if deposited into separate accounts. Any gift given to both parties jointly will be owned jointly in equal separate property shares unless at the time of making the gift the person making the gift specifies in writing a different percentage of ownership. Any profits or growth in value or any sales proceeds or assets acquired in

exchange for a separate property gift described above will also be separate property. E. Joint Accounts Will Be Marital Property. If a bank or other deposit account is acquired jointly (in both names), each will own a one-half share. This clause shall apply to any joint account, even if separate or marital property funds are deposited into the account, unless a separate written agreement expressly specifies a different form or percentage of ownership regarding a particular account. F. Retirement Benefits Earned During Marriage Will Be Separate Property. All retirement benefits earned by (or in the name of) one party during marriage will be the separate property of the person in whose name those benefits are vested. This applies to all benefits in all retirement, pension, deferred compensation, and other employee benefit or tax deferred plans, whether qualified according to IRS regulations or nonqualified. Each hereby waives any legal claim he or she would otherwise have to the other person's retirement benefits referred to above. Each understands that this waiver may not be effective under applicable laws unless reaffirmed after marriage in a written waiver in a form approved by the retirement plan. The parties agree that after marriage, upon request by the other party, each will sign any document necessary to carry out the intent of this clause, including a written waiver in a form approved by the retirement plan. G. Separate Property Contributions To Marital Property. During marriage, one or both parties may contribute separate property funds to acquire or improve or to pay other expenses related to marital property. In the absence of a contrary written agreement, any such contribution will be considered a gift and not subject to a right of reimbursement.

Paragraph 8: RESPONSIBILITY FOR DEBTS AND EXPENSES. A. Each Person Solely Responsible For Own Premarital Debts. [See Sample Form]___________________________________________________ ___________________________________________________________________ [See Sample Form]___________________________________________________ ___________________________________________________________________ B. Each Spouse Solely Responsible For Debts Incurred by That Spouse During

Marriage. [See Sample Form]___________________________________________________ ___________________________________________________________________ [See Sample Form]___________________________________________________ ___________________________________________________________________ C. Debts Incurred During Marriage for Mutual Benefit. Any debt incurred by either party for the mutual benefit of the parties during marriage will not be considered a marital debt and will not be paid from marital property funds unless agreed in writing. If one of the parties uses his or her separate property funds to pay all or part of the debt, he or she will only be entitled to reimbursement from marital property or separate property funds at divorce or death if the parties have signed a written agreement providing for same. If a debt is incurred by both parties as co-borrowers or guarantors, the parties will equally share the debt. D. Taxes. The parties agree to confer each year prior to the deadline for filing federal and state income tax returns for the preceding year in order to determine whether it is to their mutual advantage to file joint or separate returns. If agreed that it is mutually beneficial to file joint returns, the parties will file jointly. Any taxes owed on joint returns, and any accountant's fees or other expenses incurred in preparing the draft and final returns, will be paid in proportion to the adjusted gross income of each spouse. Any refund received shall be shared in proportion to the adjusted gross income of each spouse. If separate returns are filed: 1. Income and deductions will be allocated as follows: a) b) c) Any unearned income, gain, loss, or credit from any investment in joint names will be allocated in accordance to percentage of ownership; Any unearned income, gain, loss, or credit from any investment that is marital property will be allocated equally; Any earned income together with any unearned income from separate investments will be allocated to the person who earned the income or whose separate investment produced the unearned income; Any deductible expense paid from marital property funds will be allocated equally; and

d)

e) 2.

Any deductible expense paid from separate funds will be allocated to the person from whose funds they were paid.

Any taxes owed on any separate return will be paid by the person filing the separate return. Any refund on any separate return will be paid to the person filing the separate return. Any accountant's fees or other expenses incurred in preparing the draft and final returns will be paid by the person filing the separate return.

E.

Household Expenses Will Be Shared. The parties will be responsible for paying all reasonable household expenses on an equitable basis. For convenience, a joint checking account may be established into which each may deposit every month an amount agreed upon from time to time to cover the regular household expenses, plus additional amounts as necessary to cover extraordinary household expenses. Either may write checks on the joint account to pay for household expenses.

Paragraph 9: ESTATE PLANNING MATTERS. A. Mutual Waiver Of Rights In Each Other's Estate - Complete Waiver. Each party waives and forever gives up any and all right or claim that he or she may acquire in the separate property of the other person due to marriage, including, but not limited to: 1. Rights or claims of dower, courtesy, or any substitute for those rights or claims provided by any applicable state statute at the time of the other person's death; The right of election to take against the will of the The right to a share in the separate property estate of the other person if he or she dies without a will; and The right to act as administrator of the estate of the

2. other; 3. 4. other.

Nothing in this agreement shall be deemed to constitute a waiver of any gift that the other person might choose to make to him or her by will or other estate planning document, or to act as executor designated in the will of the other. However, it is acknowledged that no promises of any kind has been made by either to the other person regarding any such gift or designation, except for any specific provisions included in this agreement. Paragraph 10: PROVISIONS APPLICABLE TO

DIVORCE. A.

Terms Of This Agreement To Control.

In the event of divorce, the parties agree as follows: 1. This agreement will control all issues addressed by this agreement. 2. As soon as possible after the case is filed, this agreement (or a true copy of it) will be filed in court and the parties will sign and file a stipulation acknowledging the validity of this agreement. Any dispute about the validity or interpretation of this agreement will be separated from all other issues in the case and submitted to the court for determination before any issues addressed in this agreement are decided.

3.

B.

Distribution Of Separate Property Assets. In any divorce proceeding, separate property assets will be distributed as follows: Each party's separate property assets, as defined in this agreement, shall be confirmed to him or her absolutely, without being included in any division of marital property. Distribution Of Marital Assets. In any divorce proceeding, except as provided elsewhere in this agreement or in any written agreements signed by the parties' all marital assets shall be distributed in such a way as to achieve a monetarily equal division of the aggregate net value. Certain assets may be distributed in exchange for a distribution of offsetting assets to the other party. Otherwise, each asset will be divided equally ("in kind"), if that is possible without making co-owners of the same asset after the asset is divided. If an asset cannot be divided in kind and there is no agreement to assign the asset to one party, it shall be sold and the net proceeds divided so as to accomplish an equal division of all the assets. In determining whether the assets have been equally divided, any asset not sold will be valued at its fair market value as of the date the assets are divided.

C.

D.

No Division Of Retirement Benefits. The terms of the divorce decree or judgment shall provide that any marital property interest in retirement, pension, deferred compensation, and other employee benefit or tax deferred plans, whether qualified according to IRS regulations or nonqualified, shall be confirmed to the person who earned the benefits or in whose name those benefits are vested and shall not be included in the equitable division of the marital property.

E.

Responsibility For Premarital Debts.

In the event of divorce, the terms of the divorce decree or judgment shall provide that any outstanding premarital debt will be allocated to the person who incurred the debt, and he or she shall be required to pay the debt and to hold the other person harmless from the debt and all costs related to it. F. Responsibility For Joint Debts Incurred During Marriage. Except as provided elsewhere in this agreement, the terms of the divorce decree or judgment shall provide that any joint marital debt incurred by one or both during our marriage will be paid and allocated equally except if subject to a written agreement signed by both. If a debt is allocated in accordance with this clause, the person to whom it is allocated shall be required to hold the other person harmless from the debt and all costs related to it. G. Responsibility For Separate Debts Incurred By One Party During Marriage. The terms of the divorce decree or judgment shall provide that any outstanding debts incurred by one party during the marriage will be allocated solely to the person who incurred the debt unless the parties otherwise agree in writing. If a debt is allocated to one party, in accordance with this clause, the person to whom it is allocated shall be required to hold the other person harmless from the debt and all costs related to it. H. No Reimbursement For Debts Or Expenses Paid. In any divorce proceeding, neither party will be entitled to any reimbursement from the other for paying debts or expenses of the other during the marriage except as may be provided elsewhere in this agreement or other written agreement between the parties, whether paid from separate property funds or marital property funds or both. I. Waiver Of Alimony By [Person 1]. Whether or not [Person 1] expects to have sufficient earning capacity, income, and assets to provide for [her/his] reasonable needs, [she/he] hereby waives absolutely any and all rights to request temporary and permanent alimony or any form of alimony from [Person 2]. [Person 1] understands that this waiver could later result in a hardship, and has taken that risk into account in making this waiver. This provision is not subject to modification on the basis of illness, health, and disability or otherwise. J. Waiver Of Alimony By [Person 2]. Whether or not [Person 2] expects to have sufficient earning capacity, income, and assets to provide for [his/her] reasonable needs, [he/she] hereby waives absolutely any and all rights to request temporary and permanent alimony or any form of alimony from [Person 1]. [Person 2] understands that this waiver could

later result in a hardship, and has taken that risk into account in making this waiver. This provision is not subject to modification on the basis of illness, health, and disability or otherwise. K. Lump Sum Payment Upon Entry Of Final Judgment Of Divorce. [See Sample Form]___________________________________________________ ___________________________________________________________________ Paragraph 11: INTERPRETATION, MODIFICATION, REVIEW, AND ENFORCEMENT OF THIS AGREEMENT. A. Entire Agreement. This agreement contains the entire agreement on the matters covered. Any oral representations made concerning this agreement shall be of no force or effect. This agreement supersedes any written or oral agreements or understandings made prior to the date of this agreement. Each party hereby waives any and all claims against the other arising out of cohabitation prior to the date of marriage. B. Binding Effect. Once this agreement is signed, it shall be binding upon the parties and their respective inheritors and estates. C. Commitment To Carry Out This Agreement. Each party shall take any steps that are reasonably necessary to carry out the terms and intent of this Agreement, including signing, notarizing, and delivering any necessary documents, upon request by the other party. D. Modification Of This Agreement. This agreement may be modified only by a subsequent written agreement signed by both. Any oral or written statements made (other than express representations in a subsequent written agreement), including but not limited to statements referring to separate property as "ours" or to marital property as "mine," "yours," "his," or "hers" will be only for convenience and will not be deemed to modify this agreement in any way. The filing of joint or separate tax returns during marriage will not be deemed to modify this agreement in any way. E. Voluntary Transfers And Restoration Of Rights. Nothing in this agreement prevents either party from making a voluntary transfer of an interest in property to the other party, and any such transfer, once completed, shall be deemed a gift. During marriage, or upon death, either party is free to restore to the other party

any legal right waived in this agreement. Absent an express written agreement modifying this agreement, any voluntary transfer or restoration of a right will not be deemed an amendment of this agreement nor a waiver of the terms of this agreement. F. Interpretation And Choice of Law. This agreement has been drafted and entered into in the State of New Jersey. It shall be interpreted fairly and simply, and enforced according to the laws of New Jersey. There shall be no inference drawn against one or the other as the "draftsman" of this agreement. A copy of the signed agreement may be submitted to the court and admitted into evidence in place of the original in any proceeding to enforce or interpret this agreement. G. Severability. If any part of this agreement is determined by a court to be invalid, illegal, or unenforceable, the validity and enforceability of the remaining parts of this agreement shall not be affected. H. Attorneys' Fees. In any proceeding to enforce or interpret the terms of this agreement, the prevailing party shall be entitled to recover his or her reasonable expenses incurred in connection with the proceeding, including reasonable attorneys' fees. I. Mediation Of Disputes. If any dispute arises concerning the terms of this agreement, the parties will first try to resolve the dispute in mediation with a qualified American Academy of Matrimonial Lawyer mediator acceptable to both. The expenses of mediation shall be equally shared. The mediation sessions shall be confidential, and neither may subpoena the records of the mediator or call the mediator as a witness in any arbitration or other legal proceeding. J. Arbitration Of Disputes. If a dispute concerning this agreement cannot be resolved in mediation, the parties agree to submit the dispute to arbitration within fifteen (15) days after a written demand. The parties agree to retain an arbitrator certified by The American Academy of Matrimonial Lawyers. If the parties cannot agree upon an arbitrator, each shall appoint one arbitrator and the persons so appointed shall select the arbitrator. Participation in arbitration or a waiver of arbitration by both shall be a prerequisite to any legal action concerning the matters covered by this agreement, unless applicable law prohibits arbitration of the disputed issue(s).

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year set forth and they hereby acknowledge that the provisions of this Agreement shall be binding upon their respective heirs, next of kin, executors, and

administrators. WITNESS:

[Person 1]

[Person 2]

STATE OF NEW JERSEY } COUNTY OF } SS:

BE IT REMEMBERED that on this subscriber,

day of [Month, yyyy], before me, the , personally appeared [Person 1], who

I am satisfied is the person named in and who executed the foregoing Agreement, and to whom I first made known the contents thereof, and thereupon she/he acknowledged that she/he signed, sealed, and delivered the same as her/his voluntary act and deed for the uses and purposes therein expressed.

STATE OF NEW JERSEY } COUNTY OF } SS: day of [Month, yyyy], before me, the subscriber,

BE IT REMEMBERED that on

an Attorney at Law of the State of New Jersey, personally appeared [Person 2], who I am satisfied is the person named in and who executed the foregoing Agreement, and to whom I first made known the contents thereof, and thereupon he/she acknowledged that he/she signed, sealed, and delivered the same as his/her voluntary act and deed for the uses and purposes therein expressed.

__________________________ [Attorneys Office]

[Attorney Name] Attorney for [Person 2]

SCHEDULE 1 [Person 1] Income: Assets: Debts: See attached Case Information Statement pages. [See Sample Form] [See Sample Form]

SCHEDULE 2 [Person 2] Income: Assets: Debts: See attached Case Information Statement pages. [See Sample Form] [See Sample Form]