Free Prenuptial Agreement

PRENUPTIAL AGREEMENT THIS PRENUPTIAL AGREEMENT (the "Agreement ") MADE ON THIS ________________ day of ________, ________ BETWEEN: ________________________
of ________________________, _________________, Alabama, ________________________

1. This Agreement is made between ________________________ and ________________________ (collectively the "Parties" and individually a "Party") who are contemplating marriage each to the other.
   
2. The Parties intend for this Agreement to become effective upon their marriage pursuant to the laws of the State of Alabama, including any Uniform Premarital Agreement Act, or other applicable laws, adopted by the State of Alabama.
3. The Parties wish to enter into this Agreement to provide for the status, ownership, and division of property between them, including future property owned or to be acquired by either or both of them.
   
4. The Parties further wish to affix their respective rights and liabilities that may result from this relationship.
   
5. The Parties recognize the possibility of unhappy differences that may arise between them. Accordingly, the Parties desire that the distribution of any property that either or both of them may own will be governed by the terms of this Agreement and, insofar as the statutory or case law permits, intend that any statutes that may apply to them, either by virtue of Federal or State legislation, will not apply to them.
   
6. The Parties acknowledge that they have been provided with a reasonable period of time to review this Agreement.
7. The Parties also acknowledge that they have had the opportunity to retain their own lawyer and to receive independent legal advice regarding the terms of this Agreement.
8. The Parties have disclosed to their satisfaction all assets and liabilities that each may have and voluntarily and expressly waive any other rights to disclosure of the property or financial obligations of each other beyond the disclosure provided.
   
9. Each Party agrees and affirms THAT:
   
   1. The Parties did execute the Agreement voluntarily;
      
   2. This Agreement was not unconscionable when it was executed;
      
   3. Prior to execution of the Agreement, both Parties were provided a fair and reasonable disclosure of the property or financial obligations of the other Party;
      
   4. They have, or reasonably could have had, an adequate knowledge of the property or financial obligations of the other Party; and
      
   5. They entered into this Agreement freely and under no duress or undue influence on their decision by the other Party.
      

   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:

   1. it is Shared Property; or
      
   2. there is proof of shared legal ownership.
      
   1. it is Shared Debt; or
      
   2. there is proof of shared legal responsibility.
      

   MATRIMONIAL PROPERTY RELEASE
   

   DOWER, CURTESY AND HOMESTEAD RELEASE
   

   INTENTION OF THE PARTIES
   

   DUTY OF GOOD FAITH
   

   TERMINATION OR AMENDMENT
   

   IN WITNESS WHEREOF the Parties have hereunto set their hands and seals on the ________________ day of ________, ________.

   SIGNED, SEALED AND DELIVERED
   In the presence of:

   _____________________________
   Witness
   Printed Name: _________________

   _____________________________
   Witness
   Printed Name: _________________

   _____________________________
   Witness
   Printed Name: _________________

   _____________________________
   Witness
   Printed Name: _________________

   THE PARTIES HEREBY EXECUTE THIS AGREEMENT ON THE ________________ DAY OF ________, ________

   CERTIFICATE OF INDEPENDENT LEGAL ADVICE

   
   THE State of Alabama
   COUNTY OF _________________

   I, _________________________, of the City of ___________________, in the State of Alabama, Attorney, 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 State of Alabama, this _____ day of _________, 20___.

   ________________________
   Attorney
   Print Name: _________________
   

   I, ________________________, the person named in the annexed Agreement, hereby acknowledges the foregoing this ____day of ______________20___.

   CERTIFICATE OF INDEPENDENT LEGAL ADVICE

   
   THE State of Alabama
   COUNTY OF _________________

   I, _________________________, of the City of ___________________, in The State of Alabama, Attorney, 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.

   DATED at the City of ___________________, in The State of Alabama, this _____ day of _________, 20___.

   ________________________
   Attorney
   Print Name: _________________
   

   I, ________________________, the person named in the annexed Agreement, hereby acknowledges the foregoing this ____day of ______________20___.

   How Much Does a Prenup Cost?

   Creating a Prenuptial Agreement costs very little compared to the potential costs of not having one in place should your marriage come to an end. With all the things on your mind in preparation for a wedding, the last thing couples want to think about is what happens should you divorce. Beyond the romance and/or religious implications, marriage legally binds two people to each other for life. There are many things to consider when entering a marriage, not the least of which is what happens if you want to get out of the marriage. A Prenup does just that. It is a written contract between two people before they are married.

   Given that half of all marriages end in divorce, more people are entering into Prenuptial Agreements. A Prenup is a legally binding contract that details in advance how marital assets, property and money will be distributed to you and your former partner, should the marriage end. Without a Prenup, you are at the mercy of the court to resolve all disputes regarding distribution of assets and spousal support. A Prenup alleviates such uncertainty and allows marital partners to agree in advance not only what they are getting into, but perhaps just as importantly, what happens should they want to get out of it. Download a free Prenuptial Agreement here.

   Better Prepared Than Caught Unawares

   A Prenup is never a bad idea. In the best-case scenario, you don’t divorce, and the Prenuptial Agreement never comes into play. In the worst case, you have a detailed agreement in place to avoid any disputes and misunderstandings, providing each partner realistic expectations of how the financial aspects of the marriage will be dissolved.

   Who Needs a Prenup?

   While there are no specific financial or legal criteria for who should have a Prenup, it’s safe to say, that if you are going to be married and you own or plan to own anything, if you have or plan to have any income, then it is wise to have a Prenup. Furthermore, the more you have or anticipate having, in terms of assets and income, the more important it is for you to have a Prenup. Granted, a Prenup is not the most romantic thing, but neither is divorce. Download a free Prenuptial Agreement here.

   What Kind of Information is Included In a Prenup?

   A Prenup typically lists all the assets and property each person owns, as well as any debts, and specifies what each person's property rights will be after the marriage. While younger couples may enter marriage with fewer assets and debt, the trend is that people are waiting to get married until they are older and have more to bring to the marriage, and more to lose. You or your partner may have built your own business or investments or retirement accounts. Likewise, you or your partner may have incurred debts such as student loans, credit card debt or mortgages. The older people are when marrying, and given second and even third marriages, the more they have likely accumulated and should be included in a Prenuptial Agreement.

   Our website will help you create a free Prenuptial Agreement. We offer free on-line samples and templates of legal forms including Last Will and Testament and Power of Attorney, which you will want to update when there is a change in your marital status.

   Sample Prenuptial Agreement