Rev. 1339FFD

State of Virginia

Premarital Agreement
This Agreement is entered into on this 16 day of June, 2016, by and between Johnny
Appleseed (hereafter referred to as “Johnny”) and Penelope Bucksworth (hereafter referred to as
“Penny”).
1. Purpose. The parties intend to marry each other on June 30, 2016 in Norfolk, Virginia. In
advance of their marriage, the parties wish to provide for their rights and obligations in and to
each other’s assets and property including that which each of the parties currently and separately
own, that which each will acquire separately during the marriage and that which both will acquire
together during the marriage, in the event the marriage is terminated.
2. Current Circumstances. With respect to current circumstances:
a. Johnny currently resides at 123 Apple Lane, Norfolk , VA 22222. Johnny represents that
he or she was not previously married. Johnny has no children.
b. Penny currently resides at 111 River Run Street, Norfolk, VA 22222. Penny represents
that he or she was not previously married. Penny has no children.
c. After the date of marriage, the parties will reside at 123 Love Lane, 123 Love Lane, VA,
which is rented/leased by Johnny Appleseed, Penelope Bucksworth, in accordance with a
rental/lease agreement.
3. Effective Date. This Agreement will be effective on June 30, 2016, the date of marriage. If we
do not marry each other by such date, this Agreement will be null and void and its provisions
unenforceable.
4. Disclosure. The parties have made full, fair and reasonable disclosure to each other of his or
her financial information regarding net worth, assets, income, holdings, liabilities and debts as set
forth in Exhibits A and B to this Agreement. Johnny’s financial information is set forth in Exhibit A
to this Agreement. Penny’s financial information is set forth in Exhibit B to this
Agreement. Johnny acknowledges receipt, review and understanding of Penny’s financial
information prior to signing this Agreement. Penny acknowledges receipt, review and
understanding of Johnny’s financial information prior to signing this Agreement.
5. Legal Representation. Johnny and Penny each acknowledge that they are represented by
separate and independent counsel. Johnny is represented by Bob Buchanan , located at 222 Law
Lane, 222 Law Lane, Virginia, 22222. Penny is represented by Stacy Lockhart, located at 333
Legal Ave, Norfolk, Virginia, 22222. Each party further acknowledges that they have been
advised by their attorney in the drafting and negotiating of this Agreement, in the rights that they
would have in the other’s property upon marriage were it not for this Agreement, and in the
consequences of entering into this Agreement. Both parties acknowledge that this Agreement is
fair and reasonable and have chosen to freely and voluntarily enter into this Agreement.
6. Premarital Property. With respect to premarital property:
a. All of Johnny’s property listed in Exhibit A that is separately owned prior to the marriage
will remain as Johnny’s non-marital, separate and individual property during and after the
marriage. Any increase in the value relating to the separate property will also remain as the nonmarital, separate and individual property of Johnny. Johnny has the full right and authority to
manage, sell, gift, transfer or otherwise dispose of Johnny’s separate property.
b. All of Penny’s property listed in Exhibit B that is separately owned prior to the marriage will
remain as Penny’s non-marital, separate and individual property during and after the marriage.

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Any increase in the value relating to the separate property will also remain as the non-marital,
separate and individual property of Penny. Penny has the full right and authority to manage, sell,
gift, transfer or otherwise dispose of Penny’s separate property.
7. Property Acquired During Marriage. With respect to property acquired during marriage:
a. All assets, real property, and personal property earned, acquired and given
to Johnny and Penny individually during marriage and earned and acquired by both parties
through their joint efforts or given to both parties will be treated as marital property and owned
by Johnny and Penny or as otherwise designated in a writing signed by both parties.
b. In the event the marriage is terminated, the marital property is subject to division
as determined by the jurisdiction whose law governs the construction of this Agreement.
8. Ownership of Business. With respect to ownership of business:
b. Any business acquired by both parties through their joint efforts or given to both parties will
be treated as marital property and jointly owned by both parties. In the event the marriage is
terminated, ownership of the business and any appreciation in the value of the jointly owned
business during the course of the marriage will be shared equally, or as otherwise designated in
writing signed by both parties.
9. Waiver of Rights. With respect to each party’s waiver of rights:
a. Johnny waives and releases any claims that he or she may acquire in the assets and
property of Penny as a result of the marriage for those assets and property owned prior to the
marriage.
b. Penny waives and releases any claims that he or she may acquire in the assets and
property of Johnny as a result of the marriage for those assets and property owned prior to the
marriage.
c. This waiver applies regardless of whether the property is considered marital or community
property by the jurisdiction whose law governs the construction of this Agreement.
10. Premarital Debts. With respect to premarital debts:
a. All of Johnny’s pre-existing debts or obligations listed in Exhibit A that is Johnny’s sole
responsibility prior to the marriage and all of Penny’s pre-existing debts or obligations listed in
Exhibit B that is Penny’s sole responsibility to the marriage will be considered marital debt of
both Johnny and Penny.
b. In the event the marriage is terminated, the marital debt is subject to division
as determined by the jurisdiction whose law governs the construction of this Agreement.
11. Debts Acquired During Marriage. With respect to debts acquired during marriage:
a. All debts incurred by Johnny and Penny individually during marriage and all debts incurred
jointly under both Johnny and Penny will be treated as marital debt and owned equally
by Johnny and Penny or as otherwise designated in writing signed by both parties.
b. In the event the marriage is terminated, the marital debt is subject to division determined
by the jurisdiction whose law governs the construction of this Agreement.
12. Taxes. With respect to taxes:
a. This Agreement does not waive either party’s right to report their income for federal or
state income tax purposes as spouses.
b. Federal gift tax laws and federal estate tax laws impacting the rights of spouses shall
continue to apply independent of this Agreement.
c. During their marriage, the parties may elect to jointly file federal and state income tax
returns, but this election shall not create any community property or any other rights or interests
unless otherwise intended by the provisions of this Agreement.
d. During their marriage, the parties may elect to file a joint income tax return, but each party
will continue to be liable for any and all taxes associated with their separate property.

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13. Housing Arrangements. With respect to housing:
a. As stated above, the residence located at 123 Love Lane, 123 Love Lane, VA is
rented/leased by Johnny Appleseed, Penelope Bucksworth, in accordance with a rental/lease
agreement.
b. The rental/lease agreement will not be affected by this Agreement.
c. Both parties will be equally responsible for the rental/lease payments, home insurance
premiums, maintenance expenses, related to the residence.
14. Household Expenses. Both parties will be responsible for payment of household expenses.
The household expenses will be paid from a joint account funded by both parties. Johnny will
deposit __________ biweekly into the joint account. Penny will deposit 100% of his/her
income biweekly into the joint account. The funds in the joint account cover regular household
expenses. The regular household expenses include electricity, water, gas, telephone, while
cellular phone, clothing, automobile, entertainment, are excluded.
15. Disability. If either party becomes partially or totally disabled, the caring party shall be
completely responsible for providing necessary care to the disabled party to the full extent of the
caring party’s capacity and ability.

15. Death. With respect to the death of one party:
a. If one party survives the death of the other, the surviving spouse shall receive the personal
residence, furniture, furnishings, and personal property of their spouse.
b. The surviving spouse understands and agrees that any right to the marital property will be
governed by the respective property deed unless otherwise stipulated in writing or in the Last Will
and Testament of the decedent.
c. The surviving spouse knowingly and voluntarily waives any right to a share in the
distribution of the estate of the decedent unless otherwise stipulated in the provisions of this
Agreement.
d. The Last Will and Testament of the decedent or applicable state laws shall control. Both
parties, however, understand and agree that they may name the other spouse as a beneficiary in
their Last Will and Testament, life insurance policy, or retirement plan. Such a transfer, bequest,
or designation takes precedence over any provisions of this Agreement.
16. Children from Marriage. If there is any child or children of the marriage between the parties,
this Agreement will not affect the rights of such child or children to support from either or both of
the parties until the child or children reach the age of 18.
16. Binding. This Agreement will inure to the benefit of and be binding upon the parties, their
successors, heirs, executors, administrators, assigns and representatives.
17. Severability. In the event that any provision of this Agreement is held to be invalid, illegal or
unenforceable in whole or in part, the validity, legality and enforceability of the remaining
provisions shall not be affected and the remaining provisions shall be construed, to the extent
possible, to give effect to this Agreement without the inclusion of such invalid, illegal or
unenforceable provision.
18. Governing Law. The terms of this Agreement shall be governed by and construed in
accordance with the laws of Virginia, not including its conflicts of law provisions.

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19. Dispute Resolution. Any dispute arising out of or related to this Agreement that the parties
are unable to resolve by themselves shall be resolved through mediation.
20. Further Assurances. At the written request of either party, the other party shall execute and
deliver such other documents and take such other actions as may be reasonably necessary to
effect the terms of this Agreement.
21. Headings. The section headings herein are for references purposes only and shall not
otherwise affect the meaning, construction or interpretation of any provision in this Agreement.
22. Entire Agreement. This Agreement including all Exhibits attached hereto contains the entire
understanding between the parties and supersedes and cancels all prior agreements of the
parties, whether oral or written, with respect to such subject matter.
23. Amendment or Revocation. This Agreement may be amended or modified only by a written
agreement signed by both of the parties. This Agreement may be revoked if both parties sign a
written agreement before the presence of a notary public or other authorized official. Revocation
shall become effective when properly recorded as required by state and local laws.
24. Signatures. The signatures of the parties to this Agreement represent the parties
acknowledgement that they have been informed of their legal rights, given an adequate amount
of time to consider entering into this Agreement, read and understood the Agreement, agree with
the contents of the Agreement, had sufficient time to review the Agreement and believe it to be
fair, have not been pressured or coerced into signing the Agreement and chosen to freely and
voluntarily enter into this Agreement.

Signed this _____ day of _________________, 20___.

_________________________________________________
Johnny Appleseed
_________________________________________________
Penelope Bucksworth

Signed in the presence of:

____________________________________
Witness Signature
____________________________________
Witness Name
________________________________________________________________________
Address

____________________________________
Witness Signature

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____________________________________
Witness Name
________________________________________________________________________
Address

NOTARY ACKNOWLEDGEMENT:
State of _________________
County of _______________

)
) ss:
)

The foregoing instrument was acknowledged before me this _____ day of _________________,
20___, by the undersigned, _______________, who is personally known to me or satisfactorily
proven to me to be the person whose name is subscribed to the within instrument.
____________________________________
Signature
____________________________________
Notary Public
My Commission Expires: _______________

State of _________________
County of _______________

)
) ss:
)

The foregoing instrument was acknowledged before me this _____ day of _________________,
20___, by the undersigned, _______________, who is personally known to me or satisfactorily
proven to me to be the person whose name is subscribed to the within instrument.
____________________________________
Signature
____________________________________
Notary Public
My Commission Expires: _______________

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Exhibit A
[Attach first party's financial information regarding net worth, assets, income, holdings, liabilities
and debts and/or financial statement.]

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Exhibit B
[Attach second party’s financial information regarding net worth, assets, income, holdings,
liabilities and debts and/or financial statement.]

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Prenuptial Agreement (Rev. 1339FFD)

GENERAL INSTRUCTIONS
If you are planning on getting married, you and your
partner may want to consider a Prenuptial Agreement.
If the marriage were to end, such an agreement that
has been created by the two of you would dictate how
your assets are divided rather than let it be decided on
by the courts and existing law. This agreement allows
you and your partner to determine your financial future
and protect your assets and estates.
WHAT IS A PRENUPTIAL AGREEMENT?
A Prenuptial Agreement is a type of legal contract made
between two people before they are officially married
under the laws of their state. This contract is designed to
set out the financial rights and responsibilities of each
partner in the event the marriage is terminated due to
divorce, annulment, separation or death. The agreement
typically includes a description of the partners' separate
and joint assets and the division of such assets. For this
document to be valid, both parties must have had
sufficient time to consider the agreement and want to
enter into the agreement freely and voluntarily.
WHY YOU SHOULD CONSIDER HAVING ONE
Prenuptial Agreements can give both parties a sense
of security when entering into a marriage. It can
protect the personal assets of both parties as well as
separate the personal assets from the shared assets
acquired jointly by the couple. In addition to protecting
assets, it can also shield one partner from the debts of
the other partner.
The existence of one of these agreements fosters
open discussion about how assets, separate and joint,
are to be handled in the event the marriage ends. An
agreement like this can relieve stress and anxiety
about what may occur in the future. If either partner
already has children prior to this marriage, a Prenuptial
Agreement can be used to provide for such children.
WHAT YOU CAN INCLUDE
Prenuptial Agreements typically address the treatment
of the partners' separate premarital assets, assets
acquired separately or jointly during marriage, and the
division of those assets. This may include properties,
businesses, investments, income and inheritances as
well as vehicles, furniture, jewelry or other items.

Prenuptial Agreement (Rev. 1339FFD)

It is very important that both parties are completely
open and honest with each other and fully disclose all
assets and liabilities on a Prenuptial Agreement.
While provisions regarding alimony or spousal support
payments may be included in Prenuptial Agreements
depending on the laws of the state, provisions
regarding child support, child custody or child visitation
rights are prohibited from Prenuptial Agreements.
WHO SHOULD HAVE A PRENUPTIAL
AGREEMENT?
A Prenuptial Agreement is suitable for any couple
about to enter into a legal marriage regardless of the
couple's financial background, but it is particularly
suitable for those who want to have a clearly defined
division between their personal assets and joint assets
that may be later acquired together during the
marriage. They may be especially desirable if:
- If one partner has greater wealth than the other
partner.
- If one partner has a high amount of personal debt.
- If either partner has children from previous
relationships.
- If either or both partners previously earned or
acquired or will earn or acquire a significant amount of
assets and want those assets to remain separate.
- If either or both partners expect an inheritance or a
high increase in income.
- If either or both partners prefer to avoid potential
future conflict or confusion regarding division of their
assets in the event the marriage ends.
ARE THEY ALWAYS BINDING?
In many cases, a Prenuptial Agreement will be honored
by the courts and be binding on the partners as long as
applicable laws and certain requirements are followed.
However, there are circumstances in which these
agreements or certain provisions within it are determined
to be invalid and unenforceable. For example, if it can be
proven that the agreement was signed involuntarily or
under duress by one of the partners or signed right before
the wedding, then the agreement is likely to be found null
and void. Certain terms in the agreement may be
discounted if it violates existing law or if either party failed
to declare all of their assets during the creation of the
agreement. Due to the significant nature of these
agreements, it may be beneficial to create these
agreements with the help of legal professionals, a
different attorney to represent you and your partner.

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