Prenuptial (Premarital) Agreement (Canada)

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This Prenuptial Agreement is designed for use in Canada. This legal form is available for immediate download.

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In the day of quick marriages and even quicker divorces, the use of a Prenuptial Agreement is not unusual. In the past, there was a stigma associated with a prenup. If you asked for one, the unspoken message was that the marriage would not last forever. This is no longer the case and many couples find them a useful tool for planning for the future. Another misconception is that it was once thought that a prenup is only for the very rich. Clearly this is not the case as people from all walks of life are finding them useful not only for management of their assets and liabilities, but also as a compliment to an estate plan.

A Prenuptial Agreement sets out how debts and assets will be distributed in the event of death or divorce. If one partner has a large amount of debt, a Prenuptial Agreement will prevent creditors coming after you in the event of a divorce. If you have a child or support obligations from a previous marriage and you pass away, a prenuptial agreement could keep your previously acquired assets separate from your current marital estate. If you have children from a previous marriage, a prenup can also help (along with a valid will) to ensure those children receive part of your estate.

To ensure that your prenuptial agreement is valid and enforceable, the agreement must be in writing, signed by both parties and witnessed, contain a full and complete disclosure of assets and liabilities, ensure that both parties have equal bargaining power and that both parties have received independent legal advice before entering into the agreement.

This form includes the following key provisions:
  • Separate Property: The agreement will allow the parties to set out the property being brought into the marriage that should remain separate in the event of death or divorce
  • Shared Property: Identifies property that will be shared
  • Division of Property: Sets out how all property will be divided in the event of death or divorce
  • Disclosure of Assets and Liabilities: Gives the couple the opportunity to define each party's assets and debts coming into the marriage. This is an important provision as failure to list all assets and liabilities can actually invalidate the agreement
  • Alimony, Support and Maintenance: Sets out any payments that will be made
  • Estate Planning/Wills: References the estate plan and/or Wills of the couple and identifies what will be included (every couple should have a comprehensive estate plan)
  • Additional Clauses: Provides room for the parties to add additional provisions that they may find important

These accurate and easy to use forms will help you protect your rights, property and yourself.

This lawyer-prepared packet includes:
  1. General Instructions and Checklist
  2. Information
  3. Step-by-Step Instructions
  4. Prenuptial Agreement for use in Canada
  5. Certificate of Independent Legal Advice for Canada
Law Compliance: This form can be used in the following provinces: Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Saskatchewan and Yukon
Number of Pages19
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#33966
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.














Prenuptial Agreement
(Canada)


This Packet Includes:
1.   General Instructions & Checklist
2.   Information
3.   Step-by-Step Instructions
4.   Prenuptial Agreement
5.   Financial Disclosures of Both Husband and Wife
6.   Certificate of Independent Legal Advice







General Instructions and Checklist
Prenuptial Agreement
(Canada)

q   The couple should carefully review the document to make sure that it correctly reflects the wishes of both parties, and that all information has been accurately disclosed within the document.

q   The husband-to-be must sign the document in the company of a witness.

q   The wife-to-be must sign the document in the company of a witness.

q   The document must be notarized after all parties have executed the document.

q   Schedules A and B need to be completed and attached to the document prior to its execution.

q   Each party and their respective lawyer should sign the Certificate of Independent Legal Advice.

q   Both parties should retain an original signed copy of the document for their records; therefore two originals should be prepared.

q   Laws vary from province to province. These forms are not meant as a substitute for legal advice. Each party to this document should consult their own lawyer for counsel and advice.

q   The purchase and use of these forms is subject to the “Disclaimers and Terms of Use” found at findlegalforms.com.


Information


Prenuptial Agreement
(Canada)
He proposes, she accepts, and the date for marriage is set.  The couple sits down to discuss the flower arrangements, the band, and… the prenuptial agreement?  The very idea makes many people hesitate: still fresh with the glow of romance, is it appropriate to think about the demise of the marriage?  
Though they have been stigmatized in popular culture as cynical arrangements and romance-killers, prenuptial agreements have become more and more common in recent years.  Indeed, with approximately 1/3 of all first marriages, and nearly ½ of all second and third marriages, ending in divorce, a prenuptial agreement may be seen not only as practical but as necessary.  Without such agreements, the state may divide the assets based on equalization”.  Any non-traditional or specific allocations that you wish to make should be covered by your prenuptial agreement to avoid the standard distributions.
A prenuptial agreement is a private agreement between two parties who are intending to marry that sets forth the distribution of assets (and debts) that will occur in the event of the parties divorce or death.  For the most part, the couple is given leeway to divide their property as they see fit.  However, there are certain limitations that have been imposed by state law to ensure that these agreements dont unfairly benefit one party or appear to have been entered into under duress.
There is a common misconception that prenuptial agreements are used only for the rich.  This is not the case. Couples in all different financial situations find them useful for a variety of reasons. A prenuptial agreement can not only protect assets of each spouse, but can delineate financial responsibilities, take care of children from a previous marriage, and protect one spouse from the others premarital debt.
A prenuptial agreement can also set forth your estate planning wishes. You can use the agreement to provide for children from a previous marriage, or make sure family heirlooms stay with your birth family.  A prenuptial agreement however is not a substitute for estate planning documents.  Formal estate planning documents (will or trust, for instance), are necessary to actually affect the transfer of your assets to the parties you intend to receive them.
Enforceability


   Prenuptial agreements are enforceable in Canada. Courts usually uphold premarital agreements unless one person shows that the agreement is likely to promote divorce (by providing for a large alimony amount in the event of divorce), was written and signed with the intention of divorcing, or was created unfairly or under duress. A Canadian court might modify or even ignore a prenuptial agreement in some circumstances, such as if an unforeseen, financially disabling or devastating event has occurred. Some provinces expressly provide that their courts may set aside a prenuptial agreement if it is "unfair."  


For a prenuptial agreement to be valid and enforceable, the following requirements must be met:
1.   Formal validity  the agreement must be in writing, signed, and witnessed;
2.   Full and complete disclosure of assets, debts or other liabilities;
3.   True independent legal representation and advice  even if there are no disputed issues, each party to a prenuptial agreement must retain their own lawyer;
4.   Equal bargaining power  fraud, undue influence, duress, or unconscionable circumstances must be absent;
5.   Clarity of intent and accuracy of expression;
6.   Permissible matters and terms.
Advantages to a Prenuptial Agreement
1.   A prenuptial agreement will protect each spouse from the others   premarital debt. If a spouse brings debt into the marriage, a creditor could come after marital property assets to satisfy this debt.
2.   Once you are married, the assets you accumulate during marriage    become marital property or community property, even if it is held in the name of only one spouse.  In the event of death or divorce, absent a prenuptial agreement, this property is subject to the marital laws of the state and will be divided up by the court. A prenuptial agreement helps you to retain control of how you would like your property divided up.
3.   In order to ensure that your children from a prior marriage inherit your property on your death, it is really important to have a prenuptial agreement.
4.   A prenuptial agreement can allow a spouse to request that certain property remain with their birth family.  If there is a family business for instance, upon your death or divorce your spouse could lay claim to the business. A prenuptial agreement will prevent this.
5.   

The document can be used to clarify the responsibilities of the parties during marriage.  This can include not only how assets will be distributed upon death or divorce, but document things like who will pay household expenses and whether you will file joint or separate tax returns, etc.
6.   

The agreement will decide who gets what at the time of divorce. Without a prenuptial agreement, you will be reliant on state law to determine who gets what.  
Other Considerations
You and your partner must be completely honest about your assets and your debts. If one or both of you has hidden something or lied to protect your interests, a judge can discard the agreement and create a new distribution of assets in a manner that he thinks is more equitable.  The party that has been dishonest may be penalized in this distribution because of his insincerity.
The prenuptial agreement must be signed significantly in advance of the wedding to avoid the appearance of impropriety or coercion.  To be safe, this should be at least one month prior to the wedding date.  This may be a good idea in all areas to forestall accusations of duress.
Each of you should be represented by separate and independent counsel in the course of the negotiation of your prenuptial agreement.  This, like all of the rules, will serve to convince the court that neither party signed the document without proper information or under the influence of the other party.  “Separate” means that you and your spouse have different lawyers.  “Independent” means that your lawyer is not beholden to your spouse, or being compensated to serve his or her interests instead of yours.  It is important to for both you and your spouse to consult with lawyers before finalizing your prenuptial agreement so that you may receive independent advice about the steps that you are taking.
The prenuptial agreement must be fair and reasonable.  This means, in essence, that the agreement cannot leave one of the parties with the lions share of property and leave the other destitute.  If there is a risk that either party (or any minor child of either party) would require public assistance because of the distributions created by the agreement, the court may set aside that agreement.
   Do not attempt to waive child support payments or to put strict limitations on such support.  Courts do not look kindly on efforts to circumscribe the rights of children, and attempts to do this will likely not be enforced.  Rather, the court may investigate what distributions and outcomes will be in the “best interests of the child.”  


   You have the option of including so-called “lifestyle clauses” in your prenuptial agreement.  This may include any non-financial understanding between you and your partner that you wish to document before the marriage.


   Note, however, that the courts may not enforce apparently frivolous strictures; for example, a requirement that one spouse exercise regularly or not gain weight will probably be ignored.  An agreement between the parties that their current or future children be raised in a certain religion, on the other hand, may be considered.  The key factor that will be considered by the courts is whether or not the parties have created a serious and meaningful clause.  Use your judgment to determine whether your proposed paragraphs meet this standard.
There are several other things to keep in mind when working to create your agreement.  Dont get caught up in trying to cover every situation or potential crisis.  Focus on the essential elements that are important for you and your future spouse to resolve; these issues will be different for every couple.  Discuss with your partner what you hope to accomplish with the prenuptial: for example, are you protecting children from a previous marriage?  Ensuring that one partys family business remains in his or her hands?  Permitting one party to stay home with children without worrying about his or her future?  The answers to these questions will determine the contents of your agreement.








STEP-BY-STEP INSTRUCTIONS
Prenuptial Agreement
(Canada)

The following instructions will walk you through each provision to help you fully understand the terms of your Agreement.

Recitals:  Enter the day, month and year, the name of the wife-to-be, and the name of the husband-to-be (the “Parties”).

 Enter the province in which the parties will be married in both spaces.

This agreement becomes effective on the date of their marriage.

The parties state that they wish to enter into this Agreement to establish the ownership and division of property between them in the event of the termination of their marriage.

The parties wish to determine the individual and joint property rights may result from marriage.

A complete disclosure of the assets of both parties is contained in Exhibits A and B, which will be attached to this agreement. These exhibits are extremely important to this agreement. One of the major advantages to having a prenuptial agreement is for each party to be able to retain their separate property, and not have it become subject to community property laws. Each party should take care to make sure this list is as all-inclusive as it needs to be.  Whatever does not go on these exhibits, under this agreement become shared property. Further, failing to make a full disclosure could jeopardize the document as whole if it ever went to court.  

Each party has obtained separate legal counsel. This is highly recommended for these types of agreements. The courts are sometimes reluctant to enforcement these agreements post marriage because there is more of an opportunity for coercion. Each party having their own legal counsel helps to alleviate this inference.

The parties have been given at least 7 days to review the agreement and have obtained legal advice.

The parties understand this agreement and believe it is fair and accurate.






Section 1: Separate Property.

Section 1: A. Generally. This section states that each party will retain their separate property (as set forth in Exhibits A & B). Neither party can make a claim to this property.

Section 1: B. Debts. On the aforementioned schedules A and B, the parties will list the debts that they have prior to marriage. In this section the parties will indicate whether they consider the premarital debt separate or shared property (check the appropriate box). If there is another arrangement the parties have agreed to, enter it under “other division.”  

Section 1: C. Rights to separate property. Parties retain full and complete rights over their separate property.

Section 1: D. Tax Obligations. Parties agree to assume any tax obligations as a result of their separate property.

Section II: Shared Property

Section II: A. Generally.  All property that has not been designated as separate is presumed shared.

Section II: B. Distribution on Separation or Divorce.  In this section the parties decide how the shared property will be handled in the event of death or divorce.  Here the parties will check the appropriate box according to how they want their shared property characterized.  Either the property will be shared equally or a percentage will go to each party. If this option is used, fill in the percentage and name of each party.

Section III: Determination of Type of Property.   This chart enables the party to designate various items as shared or separate.  If the item listed does not apply its a good idea to mark N/A (not applicable), rather than leaving a box blank and open to ambiguity.

Section III: B.  If for some reason as a result of the termination of the marital relationship there is a question as to the characterization of property, it shall be designated separate or shared (mark the appropriate box).

Section IV: Alimony, Support and Maintenance.

Section IV: A. Generally.  Here, the parties decide in advance if alimony will be paid, and the amount, no alimony will be paid, or another arrangement will be used.  Mark the appropriate box.  





Section IV: B.  The section sets out possible exceptions to Section IV.A. Possible exceptions to the predetermined alimony arrangement include disability; a partys career being affected for the benefit of the other spouse, staying home with children, or one party substantially increasing their hours so the other can go to school.  Check any that apply and fill in the maximum amount of years that spousal support would be paid. If another exception applies, write a detailed description of this situation under “other.

Section V: Wills and Other Transfer of Property. This document does not cancel any provisions made in a will, or a gift or conveyance from one party to the other.

Section VI: Additional Clauses.  Add any other provisions or special arrangements between the parties that have not been otherwise mentioned.

Section VII: Miscellaneous.  
A. Successors and assigns. This agreement will be binding and benefit the parties successors and assigns.
B. This agreement will become effective upon marriage.
C. After marriage the parties may revoke or amend this writing by written agreement sign by both parties.
D.  Insert the state you will be married in.
E. Severability- This severability clause serves to preserve the agreement should a portion of it ever be invalidated by the court.  Without this clause, a finding that one provision is unenforceable would invalidate the entire agreement.
F. The paragraph headings are only for convenience and arent to be considered to limit the scope of any particular paragraph.
G. This Agreement including the exhibits attached is considered the entire agreement of the parties.

Signature Block:  Both parties should sign the Agreement in the presence of two witnesses, who will sign their name under the parties signature.  The form should also be notarized. Failure to adhere to these formalities could bring the validity of your document into question. It is a good idea to sign to originals, so that each party has an original document for their records.

Schedule A:  This form is to be completed by the husband-to-be. List all assets to be claimed as separate property as well as all debts.  Fill in the husbands annual income and the total amount of the husbands assets. Remember that full disclosure on these Schedules is very important. Failure to fully disclose information could invalidate the entire Agreement.



Schedule B:  This form is to be completed by the wife-to-be. List all assets to be claimed as separate property as well as all debts. Fill in the wifes annual income and the total amount of the husbands assets.




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Prenuptial Agreement
This pre-marital agreement, dated as of __________________, 20_______ (the “Agreement”), by and between ________________ and ________________ (each a “Party,” and together, the “Parties”).
WHEREAS, the Parties intend to marry under the laws of the Province of _______________; and
WHEREAS, the Parties intend for this Agreement to become effective upon their marriage; and
WHEREAS, the Parties wish to enter this Agreement to establish the ownership and division of property between them, including any future property that may be acquired by either or both of them, in the event of divorce, death, or other circumstance that results in the termination of their marriage; and
WHEREAS, the Parties wish to determine the individual and joint property rights and liabilities that may result from their marriage; and
WHEREAS, the Parties have made a full and complete disclosure of their assets and liabilities, including accurately completing Exhibits A and B attached hereto; and
WHEREAS, the Parties have each retained their own separate and independent lawyers, and have received independent legal advice regarding the terms of this Agreement; and
WHEREAS, the Parties acknowledge that they have been provided with at least seven (7) days to review this Agreement and obtain legal advice before executing the Agreement; and
WHEREAS, the Parties have read and understood this Agreement, are executing this Agreement voluntarily, and believe this Agreement to be fair and to represent their intentions with regard to any current or future assets and liabilities.
NOW THEREFORE, in consideration of the Parties intended marriage and of the mutual promises and covenants of this Agreement, the Parties hereby agree as follows:
I.   SEPARATE PROPERTY
A.     Generally.  Each Party shall separately retain all of his or her rights in his or her separate property owned at the time of the execution of this Agreement, however and whenever acquired (the “Separate Property”).  Complete lists of each Partys Separate Property are attached to this Agreement as Exhibits A and B; both exhibits are hereby incorporated into and made a part of this Agreement.   The Separate Property will be free and clear of any claim of the other Party, upon separation or otherwise, without regard to any time or effort invested during the course of the marriage in the maintenance, management, or improvement of the Separate Property.

B.     Debts.  The Parties agree that the debts incurred by each Party prior to their marriage will be considered (check the appropriate box):
? ?   Separate Property
?  Shared Property
?  ______________________ (other division).
The debts of each party are listed on Exhibits A and B, as appropriate, attached hereto.
C.     Rights in Separate Property.  The Parties shall enjoy the full right and authority with regard to their Separate Property as each would have had if not married, including but not limited to the right and authority to sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control that Separate Property.

D.     Tax Obligations.  Each Party agrees to satisfy any tax obligations related to their Separate Property.

II.   SHARED PROPERTY.
A.   Generally.  All property not specifically deemed Separate Property will be considered shared property of the Parties (“Shared Property”).  

B.   Distribution on Separation or Divorce.  In the event that the Parties become separated or divorced, or upon the death of a Party, all Shared Property will be deemed to be owned (check the appropriate box):
  Equally, regardless of each Partys initial or ongoing investment in that Shared Property.
  According to the following percentages: ________% for ______________and ____________% for ___________, regardless of each Partys initial or ongoing investment in that Shared Property.
III.   DETERMINATION OF TYPE OF PROPERTY.
A.   Determination of Property Type.  In the event of separation or divorce, the following types of property will be deemed (select one box for each type of property):
Property Type                        Separate     Shared
1.
Any property owned by either Party at the execution of this Agreement


2.
All property acquired by the Parties after the execution of this Agreement that is held in the names of both Parties


3.
Any property acquired in exchange for property currently owned by either Party, or from the proceeds of a sale of such currently owned property


4.
Any income, proceeds or property received, directly or indirectly, from property owned by either Party before the execution of this Agreement


5.
An increase in value, appreciation or gain during the marriage of any property owned by either Party before the execution of this Agreement


6.
Any property acquired by a Party through an inheritance


7.
Any award or settlement received as a result of a lawsuit or other court proceeding before the execution of the Agreement


8.
Any award or settlement received as a result of a lawsuit or other court proceeding after the execution of the Agreement


9.
Proceeds from an insurance policy received before the execution of the Agreement


10.
Proceeds from an insurance policy received after the execution of the Agreement


11.
Any gambling or lottery winnings received by either Party before the execution of the Agreement


12.
Any gambling or lottery winnings received by either Party after the execution of the Agreement


13.
Earnings, salary, wages, bonuses or commissions received or earned before the execution of the Agreement


14.
Earnings, salary, wages, bonuses or commissions received or earned after the execution of the Agreement


15.
Any savings and earnings from that savings aggregated or earned before the execution of the Agreement


16.
Any savings and earnings from that savings aggregated or earned after the execution of the Agreement


17.
Any commingled property, including the commingled Separate Property of each Party, or any Separate Property that is commingled with Shared Property


18.
The Parties marital residence and any additional homes


19.
Other:


B.   Default Designation.  The Parties hereby agree that if it becomes necessary to determine the ownership of a piece of property because of the Parties separation, or because of the death of one of the Parties, that property will be treated as (check the appropriate box):
  Separate Property unless there is clear and convincing proof of Shared Property.
  Shared Property unless there is clear and convincing proof of Separate Property.
IV.   ALIMONY, SUPPORT, AND MAINTENANCE.
A.   Generally. The Parties acknowledge that (select all appropriate boxes):

    ______________________ will be the main provider and wish to establish a claim for alimony, spousal support or separate maintenance for the other Party in the form of:
?one lump sum payment of CAN$____________________
?monthly payments of CAN$_______________________
?property satisfaction of _______________________
?other:______________________________________

   The Parties possess sufficient education and job skills to adequately provide for their own support and waive any claim to alimony, spousal support or separate maintenance.  

   Other: __________________________________________,

However, to the extent that any such waivers of alimony, spousal support or separate maintenance will cause one Party to become eligible for public assistance, that waiver will be modified to eliminate that eligibility.

B.  Exceptions.  The provisions providing for alimony, spousal support or separate maintenance, or the waiver of those amounts detailed in IV.A above will not apply if one or more of the following events occur (select all appropriate boxes):

  One of the Parties suffers a medical disability and the other Party is both employed and physically able, in which case the disabled Party may receive reasonable spousal support consistent with state law until the disability is concluded, or until the other Party retires or becomes disabled from working, either by agreement or by judicial determination.

  The Parties mutually agree that one of the Parties will reduce his or her work hours, and his/her employability or career prospects are negatively impacted by this withdrawal.  In which case, that Party may receive reasonable remedial spousal support consistent with state law for a period of not more than __________ years.

  The Parties mutually agree that one of the Parties will not work in order to care for any children born during the marriage, and such Partys employability or career prospects are negatively impacted by this withdrawal.  In which case, that Party may receive reasonable remedial spousal support consistent with state law for a period of not more than __________ years.

  The Parties mutually agree that one of the Parties increases his/her work hours in order to support the other Partys continued schooling. In which case, the supporting party shall receive____________________________.

   Other (describe in detail): ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
V.   WILLS AND OTHER TRANSFERS OF PROPERTY
Nothing contained in this Agreement shall be considered a waiver of any bequest or devise that one Party may choose to make to the other Party by way of will or codicil, or by way of any gift, grant, or conveyance from one Party to the other Party.
VI.   ADDITIONAL CLAUSES. (Insert any additional agreements between you and your partner): _______________________________________________________________________________________________________________________________________________________________________________________________________________________
VII.   MISCELLANEOUS.
A.   Successors and Assigns.  This Agreement shall be binding and inure to the benefit of the parties, their successors, assigns, and legal representatives.
B.   Effective Date.  This Agreement shall become effective upon the marriage of the Parties.
C.   Amendment; Revocation.  After the Parties are married, this Agreement may be amended or revoked only by written agreement signed by both Parties.
D.   Governing Law.  Without regard to the location of any property affected by this agreement, this Agreement shall be interpreted and enforced under the laws of the Province of _______________, Canada (insert the name of your state).  
E.   Severability.  In the event that any portion of this Agreement shall be held invalid or unenforceable, it is the intent of the parties that all provisions of this Agreement be regarded as separable, and that all remaining provisions remain in full force and effect. It is further the desire of the parties that all provisions of this Agreement be considered as evidence of their intentions by any court, arbitrator, mediator, or other authority that seeks to divide their estate, and that their intentions be respected whatever the legal status of this Agreement or any of its terms.
F.   Paragraph Headings.  The headings of particular paragraphs and subparagraphs are inserted only for convenience and are not part of this Agreement and do not limit the scope of the paragraph or subparagraph to which the heading refers.
G.   Entire Agreement.  This Agreement and the exhibits attached hereto contain the entire agreement of the parties.

Signed this ______________ day of _________________, 20___
_______________________________________Husband-to-Be
_______________________________________Wife-to-Be

Signed in the presence of:
_______________________________________Witness
_______________________________________Witness
EXHIBIT A
Separate Property and Financial Disclosure of Husband-to-Be: ____________________________
(To be completed by Husband-to-Be)

l   List all assets claimed as Separate Property:








l   List all debts:




l   Annual Income: CAN$__________________________________________

l   The total value of all of my assets is approximately: CAN$______________.
EXHIBIT B
Separate Property and Financial Disclosure of Wife-to-Be: ____________________________
(To be completed by Wife-to-Be)


l   List all assets claimed as Separate Property:








l   List all debts:




l   Annual Income: CAN$___________________________________________

l   The total value of all of my assets is approximately: CAN$______________.




Certificate of Independent Legal Advice

I HEREBY CERTIFY THAT:

1.    On this ____________ day of ___________________________, 20____, I was consulted by _____________________________________________ (insert name of Client) ("the Client")

2.   The Client consulted me in his/her presence alone as to the effect of executing _______________________________ (insert name of document, e.g., Premarital Agreement) ("the Agreement").

3.   I explained to the Client the nature of the Agreement, and fully advised him/her as to the effect of the Agreement on his/her rights, the advantages and disadvantages of the Agreement, whether or not it was prudent for the Client to enter into the Agreement, and whether the provisions of the Agreement are just and equitable.

4.   The Client appeared to understand the nature and effect of executing the Agreement, and the risks and consequences which could arise there under.

5.   The Client advised me that he/she is acting freely and voluntarily, and that no compulsion or threat was used, nor any undue influence exercised by any other person to induce the Client to execute the Agreement.

6.   The Client consulted me and I gave the advice prior to execution of the Agreement.

7.    I have given this advice to the Client as lawyer for him/her and without regard to or consideration for the interest of any other person.

                     LAWYER:

                     ______________________________
                     Signature
                     ______________________________
                     Name (please print)
                     ______________________________
                     Title (if applicable) 

I HEREBY ACKNOWLEDGE AND DECLARE that all statements made in the foregoing Certificate are true and correct and that the lawyer advising me was consulted by me as my personal lawyer and in my own interests only, and that I received the aforesaid advice before executing the Agreement.

                     CLIENT:
                     ______________________________
                     Signature
                     ______________________________
                     Name (please print)

Customer Reviews

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Reviews: 12


Stuart,

FL

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No Customer Comments


North Fort Myers,

FL

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I found this form easy to find,download,and print off. Wewere very satisfied with this purchase,and the low cost!


,

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Gave me the appropriate structure to develop the prenup. Was easy to use especially if it is two US nationals who are to be married. I'm from the UK so it was a touch more complicated in terms of protecting title to assets held in my name in the uk prior to the marriage.


Sand Springs,

OK

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I thought the fee was very reasonable and the instruction and checklists were excellent. I would recommend this form to anyone thinking they may need a prenupitial agreement for our state.


Hammond,

IN

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I found this product easy and convenient to use and by far accessing the forms was more preferable than other sights which were explored to obtain said forms. The cost was reasonable and the instruction provided needed clarity, making the experience good for myself and my wife. I would highly recommend the sight to any who may be looking for assistance. A sincere THANK YOU!!


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