Prenuptial Agreement

Prenuptial Agreement

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“**PRENUPTIAL AGREEMENT** THIS AGREEMENT is made and entered into this ______ day of _______, 20_____, by and between ________________________, hereinafter referred to as “”Party A””, and ________________________, hereinafter referred to as “”Party B””. WHEREAS, Party A and Party B are contemplating marriage and desire to establish their respective rights and responsibilities regarding each other’s income and property and the income and property that may be acquired, either separately or together, during the marriage. NOW, THEREFORE, in consideration of the marriage and the mutual covenants and promises set forth herein, Party A and Party B hereby agree as follows: 1. **DEFINITIONS** 1.1 “”Property”” shall include all personal and real property owned by either Party A and Party B at any time during the marriage. 1.2 “”Income”” shall include all income, wages, and compensation for personal services earned or received by either Party A or Party B during the marriage. 2. **SEPARATE PROPERTY** Each party shall retain the rights in their separate property, whether owned before or acquired after the marriage, free from any claim of the other. 3. **MARITAL PROPERTY** The income and property acquired by either Party during the marriage will be treated as marital property, subject to distribution according to the principles of equity. 4. **DEBTS** Each party agrees to pay all debts existing at the time of the marriage, and neither party will incur any debt or liability on behalf of the other without prior written consent. 5. **ALIMONY** The parties waive any right to alimony in the event of a divorce, annulment, or legal separation unless otherwise provided in this agreement. 6. **WILLS AND ESTATES** Each party agrees to execute and deliver any and all documents necessary to carry out the terms of this Agreement, including wills or other estate planning documents. 7. **LIFE INSURANCE** Each party reserves the right to designate the beneficiary of his or her life insurance policies, retirement accounts, and other assets without any claim by the other. 8. **FINANCIAL DISCLOSURE** Each party has fully disclosed to the other the nature and extent of all financial interests and holdings. 9. **ENFORCEABILITY** If any provision of this Agreement is determined to be unenforceable, the remainder of the Agreement will remain in full force and effect. 10. **BINDING EFFECT** This Agreement is binding upon, and shall inure to the benefit of, the parties and their respective heirs, executors, administrators, and assigns. 11. **MODIFICATION AND WAIVER** No modification or waiver of any provision of this Agreement shall be valid unless in writing and signed by both parties. 12. **GOVERNING LAW** This Agreement shall be governed by and construed in accordance with the laws of India. 13. **SEVERABILITY** If any provision of this Agreement is held to be invalid, the remaining provisions shall continue to be valid and enforceable. 14. **ENTIRE AGREEMENT** This Agreement constitutes the entire agreement between the parties and supersedes any prior agreements or understandings, whether written or oral. 15. **DISPUTE RESOLUTION** Any disputes arising out of this Agreement will be resolved through mediation or arbitration in accordance with the rules of the Indian Arbitration and Conciliation Act, 1996. IN WITNESS WHEREOF, the parties hereto have executed this Prenuptial Agreement as of the date first above written. _________________________ _________________________ Party A Party B _________________________ _________________________ Witness Witness NOTE: This agreement is a sample and needs to be customized as per individual requirements. Legal advice should be sought before using this agreement.”
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