Antenuptial Agreement
This Antenuptial Agreement is made at Columbus, Ohio this 18th day of April, 2003, by and between [Harold Husband] (”Husband”) and [Wilma Wife] (”Wife”).
WHEREAS, the parties are not now married, but they presently contemplate marriage to each other; and
WHEREAS, the parties desire to enter into this Antenuptial Agreement in order to provide for and define with certainty their rights upon divorce, dissolution, separation, or death; and
WHEREAS, the recitals contained herein demonstrate the basis for and some of the consideration of the parties in connection with entering into this Antenuptial Agreement; and
WHEREAS, Husband is the direct or beneficial owner of certain property listed on Exhibit A, which is attached hereto and made a part hereof, and Wife is the direct or beneficial owner of certain property listed on Exhibit B, which is attached hereto and made a part hereof and which property is worth substantially less than the property owned by Husband; and
WHEREAS, each party has made a complete and full disclosure of his or her assets; each party was given a copy of this agreement on [DATE]; each party has been represented by separate and independent counsel, counsel for Husband being [Arthur Attorney], and counsel for wife being [Larry Lawyer]; each party has had a chance to and has discussed this Antenuptial Agreement with his or her lawyer; each party fully understands the terms and consequences of executing this Antenuptial Agreement; and each party enters into this Antenuptial Agreement voluntarily and without fraud, coercion, duress, or any outside promise of anything of value; and
WHEREAS, the parties desire to set forth herein their entire agreement and have agreed that neither shall have any right, interest or claim in or to the property of the other, except as provided in this Antenuptial Agreement, during any time which they are married, or upon divorce, dissolution, separation, annulment, or death of the other; and
WHEREAS, each party has been made familiar with the terms and procedures relating to the division of property in the event of a divorce, dissolution, separation, and/or annulment, and they desire and intend by this Agreement to simplify any procedures in the event they marry and subsequently become divorced, have a dissolution, separation, and/or annulment and to avoid or reduce any uncertainties with respect to any such subsequent divorce, dissolution, separation, and/or annulment;
WHEREAS, Husband [has or has not] previously been married, [has not or has] children, is presently self-supporting, and expects to remain self-supporting for the foreseeable future; and
WHEREAS, Wife [has or has not] previously been married, [has not or has] children, is presently self-supporting, and expects to remain self-supporting for the foreseeable future; and
WHEREAS, Husband is [description of job and salary] which approximate level of average annual income he expects to maintain or increase for the foreseeable future; and
WHEREAS, Wife is [description of job and salary] which approximate level of average annual income she expects to maintain or increase for the foreseeable future; and
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained and in consideration of the marriage and the disclosures herein, the parties agree as follows:
Voluntary Transfers and Designations
1. Nothing herein shall in any way limit the right of either party to make any voluntary transfer, including but not limited to gift to the other party, during life, or at death by will, codicil, trust instrument, life insurance beneficiary designation, joint and survivorship or other survivorship designation, pension, IRA or annuity beneficiary designation, or otherwise, or to receive any such gift. In addition, nothing herein shall in any way limit the right of either party to appoint the other as Executor or Personal Representative of his or her estate, or to designate the other as Trustee under any trust instrument created by either party.
Transfers While Living
2. Except as otherwise provided in this Antenuptial Agreement, each party, while living, may freely sell, exchange, gift, place in trust (whether or not he or she retains an interest therein), or otherwise dispose of all his or her respective property, whether now owned or hereafter acquired. Each party will, upon the request of the other, or of his or her next of kin, distributees, executors, administrators, devisees, legatees, successors or assigns, execute, acknowledge and deliver such waivers, deeds or other instruments of release or conveyance, including an irrevocable power of attorney, as will enable the other to convey, encumber or otherwise dispose of his or her property free from any right of the other party including the right of dower or any similar right. Upon the failure of such requested person to do so within ten (10) days after such request, at the option of the requesting party, this Antenuptial Agreement or any copy hereof shall constitute such a waiver, deed or other instrument of release or conveyance.
Transfers Upon Death
3. Each party, upon death, may freely dispose of his or her property, whether now owned or hereafter acquired, by will, codicil, trust, contract, or otherwise. Each party is hereby barred from, hereby waives and hereby relinquishes to the other party and to his or her next of kin, heirs, distributees, executors, administrators, devisees, legatees, successors, and assigns, any and all of the following marital rights:
A. Right to elect to take at law against the will or other testamentary dispositions of the other;
B. Right to dower or curtesy in any form whatsoever;
C. Right to allowance for support;
D. Right to remain in the mansion house or residence free of charge for one year, or the fair rental value of the unexpired term of residence if such property is sold within the one-year period following date of death;
