Section 14.20 Sample Antenuptial Agreement

• Library: Estate Planning 2013 Forms

The following is merely a sample that is not intended for use in any particular case. Careful review and editing are necessary.

Antenuptial Agreement

This antenuptial agreement (the “Agreement”), is made and entered into this _____ day of ___________, 20___, by and between Husband (“Husband”), of the County of _____________, State of Missouri, and Wife (“Wife”), of the County of ________________, State of Missouri.

This Agreement is entered into in view of the following facts and stipulations:

A. Wife and Husband contemplate marriage to one another on ________________, 20___.

B. In anticipation of their marriage, Wife and Husband desire and intend by this Agreement to avoid the future creation of “Marital Property” between them, as defined by any jurisdiction, including § 452.330, RSMo, and to fix their respective rights in the property and estate of the other by reason of this marriage.

C. Schedules setting forth a description of the income, assets, and liabilities of each of the parties have been signed and exchanged by the parties before the execution of this Agreement, which schedules are attached to this Agreement.

D. The parties to this Agreement believe it is desirable and in the best interest of each other that, except as provided in this Agreement, Wife’s assets should be preserved for the ultimate and future benefit of her family and disposed of in any manner that she may deem to be appropriate, without regard to the marital relationship, and Husband’s assets should be preserved for the ultimate and future benefit of his family and disposed of in any manner that he may deem to be appropriate, without regard to the marital relationship. To that end, the parties of this Agreement shall have no interest in the separate estate and assets of the other.

E. Each of the parties has received advice of counsel before executing this Agreement and has received advice from counsel with respect to their rights if the parties were to be married to each other without executing this Agreement.

Now therefore, in consideration of the contemplated marriage between the parties, the mutual promises hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. Husband’s Acknowledgement and Consent

Husband hereby acknowledges that:

• he is fully advised with respect to the financial means and resources of Wife;

• he has received, examined, and understands the schedule setting forth this information previously given to him by Wife;

• he has ascertained and weighed all the facts, conditions, and circumstances likely to influence his judgment in this Agreement;

• all questions pertinent to this Agreement have been fully and satisfactorily explained to him with the benefit of legal counsel; and

• he clearly understands and consents to all provisions of this Agreement.

2. Wife’s Acknowledgment and Consent

Wife hereby acknowledges that:

• she is fully advised with respect to the financial means and resources of Husband;

• she has received, examined, and understands the schedule setting forth this information previously given to her by Husband;

• she has ascertained and weighed all the facts, conditions, and circumstances likely to influence her judgment in this Agreement;

• all questions pertinent to this Agreement have been fully and satisfactorily explained to her with the benefit of legal counsel; and

• she clearly understands and consents to all provisions of this Agreement.

3. Definition of Separate and Shared Property

The “Separate Property” of each party shall include:

a. any property or interest in property acquired, held, or owned by that party before the parties’ marriage;

b. any property acquired in exchange for the Separate Property of that party;

c. any property acquired by gift, bequest, devise, or descent;

d. any increase in the value of or earnings from or other property produced by or from the Separate Property of that party;

e. any property acquired in exchange for the earnings from or acquired in exchange for any other amounts realized from the Separate Property;

1. all compensation of any nature and kind received or earned by each party for personal services rendered during the marriage, including, but not limited to:

· salary;

· bonuses;

· stock;

· stock options;

· life insurance;

· contributions to profit-sharing plans;

· contributions to pension or other retirement plans; and

· any other remuneration or benefit received, or receivable, by that party as a result of that party’s employment or personal services rendered; and

g. all property acquired by that party during the marriage by means of any compensation, remuneration, or benefit referred to in the preceding clause;

h. all other income received or earned by that party from any source including, but not limited to:

· Social Security;

· pensions;

· other retirement benefits;

· annuities;

· medical benefits payments; and

· except as provided for above in the definition of Separate Property, all other amounts or benefits received by that party from any source whatsoever; and

i. any property acquired by either party after a decree of legal separation before Termination of Marriage. As used herein, the term “Separate Property” shall include any right, title, and interest that a party to this Agreement has or may have in and to property of any kind and description, whether real, personal, or mixed, tangible or intangible, actual or inchoate, outright or in trust, wheresoever situated, and whether now owned or hereafter acquired. By way of further clarification, it is understood that, if any Separate Property is conveyed, transferred, or converted to cash during the course of the marriage of the parties, any consideration received by the party transferring, conveying, or converting shall also be considered the Separate Property of that party.

The temporary or permanent commingling of the Separate Property of either party, or the unintentional commingling of the Separate Property with property that is not that party’s Separate Property, shall not change or constitute a change of character of that property as Separate Property, nor shall it constitute a transmutation of the Separate Property into nonseparate property. The parties further agree that at no time during the marriage shall any act or statement made by either of them be considered a transmutation of Separate Property into nonseparate property, except by express written agreement executed by and between the parties; provided, however, that the deposit of a party’s Separate Property into an account that is titled between the parties as tenants by the entirety or joint tenants with the right of survivorship shall be deemed to constitute such an express written agreement and that deposit, unless the character of that deposit is thereafter changed by mutual agreement or action of...