婚前協(xié)議書(shū)(英文版)

1、PRENUPTIAL AGREEMENT婚前協(xié)議書(shū)SALLY RENAUDandJOSEPH SMITHCONTENTSI.Effective Date of Agreeme nt. 協(xié)議生效日II. Defi nition 定義III. Alimo ny.離婚撫養(yǎng)費(fèi)IV. Waiver of Rights Upo n Death涉及去世的權(quán)利放棄VI. Cohabitati on 婚前同居VII. Debts.債務(wù)VIII. Child Support.子女撫養(yǎng)IX.Financial Disclosure 經(jīng)濟(jì)公開(kāi)X. I ntegratio n. 協(xié)議的完整性XI. Bi ndi ng

2、on Successors 協(xié)議對(duì)繼承人的約束力XII. Severability 條款的可分割性XIII. Modificati on 條款的變更XIV. Ackn owledgeme nts 知情權(quán)XV.State Law 州法律適用Schedule A : Summary Financial Statements of the Parties 附件 A:各方財(cái)產(chǎn)清單THIS AGREEMENT is made and en tered into this_ day of July, 2009, by andbetwee n Sally Ren aud, a reside nt of Ho

3、ust on, Texas, and Joseph Smith, a reside nt ofAusti n, Texas, who shall be collectively known here in as the parties. The agreement isalso known as a Premarital agreement.WITNESSETH:WHEREAS, the parties are presently unmarried and intend to be married to each otherwithin the next year and, in antic

4、ipation of such marriage, the parties desire to fix and determine various finan cial relati on ships that will apply duri ng their marriage and upon the term inati on of their marriage whether by death, divorce or otherwise;WHEREAS, information about each of the parties assets, liabilities and appro

5、ximate curre ntin come has bee n excha nged prior to en teri ng into this agreeme nt and summations of saidinformation for each party is contained herein as Schedule A;WHEREAS, each party has had the opport unity to fully exam ine the finan cial disclosures ofthe other party as summarized in Schedul

6、e A;WHEREAS, n either party has con sulted with an attor ney concerning this agreeme nt priorto en teri ng into it;WHEREAS, each party en ters into this agreeme nt freely and un der no duress or un due influe nee upon his or her decisi on to sig n.The premises being con sidered, upon con siderati on

7、 of the mutual promises here in afterset forth and for other good and valuable con siderati ons, the receipt and sufficie ncy ofwhich are hereby ack no wledged, the parties agree as follows:I. Effective Date of Agreeme nt. This Agreeme nt shall take effect only upon the lawful themarriage of the par

8、ties to one ano ther. Further, the effective date of this Agreeme nt is thedate upon which the parties are legally married.II. A. Definition of Separate Property. As used in this agreement, the term SeparateProperty means all rights and in terests in property of any kind, in cludi ng contingentinter

9、ests, owned by each party on the effective date of this agreement. The term SeparateProperty, as used in this agreement, is further defined below.B. Earnings After Effective Date of Agreeme nt Also Separate Property.1. Earnings During Marriage-Passive In come. Passive in come derived from property o

10、fany type shall have the same character for purposes of this agreeme nt as the property fromwhich it is derived. Thus, passive in come from Separate Property earned or accr uing afterthe effective date of this agreeme nt shall be the Separate Property of the owner of thatasset.Likewise, passive in c

11、ome from marital or com mun ity property shall have that characteronce earned or accrued.a. The term passive income means dividends, capital gains, interest, rents, royalties,disruptions and other income accrued from property of a party and obtained after theeffective date of this agreement.b. The t

12、erm passive income also includes accrued but unrecognized appreciation in thevalue of capital assets classified as separate property.c. In the case of ownership of interests in corporations, all dividends therefrom are to beconsidered passive.d. In the case of ownership of interests in trusts and pa

13、rtnerships which do not operate abusiness enterprise, all distributions and income allocations therefrom to a party are to beconsidered passive.e. In the case of ownership of interests in trusts, partnerships, limited liability companies(LLCs) and like business entities which operate a business ente

14、rprise, all distributions andincome allocations therefrom to a party are to be considered passive unless a partymaterially participates in the business. Where a party materially participates in a businessoperated by a trust, partnership, LLC, or like business entity, all income and distributionsfrom

15、 said entity are to be treated as earned income.f. Income not falling within the definition of passive income is to be considered earnedincome and treated as set forth in the next section entitled, Earnings DuringMarriage-Earned Income.g. The term materially participates has the same meaning as give

16、n under the tax laws ofthe United States (Title 26, USC) for determining when a partner materially participates in apartnership.2. Earnings During Marriage-Earned Income.a. None of the earned income of the parties during the marriage shall be considered theSeparate Property of either party during th

17、e marriage.b. The term earned income means any income obtained by a party after the effective dateof his agreement that does not meet the definition of passive income as set forth in theprevious section. Types of earned income include, but are not limited to, salary and bonusfrom employment, earning

18、s derived from the performance of services as an independentcontractor, and income derived from a business run as a sole proprietorship.3. Common Living Expenses.a. Common Living Expenses incurred during the marriage shall be paid first from the liquidassets of the parties NOT classified as Separate

19、 Property under this agreement (i.e., frommarital property, community property, or quasi-community property).b. Those Common Living Expenses which cannot be paid from said liquid assets of theparties are to be paid from the Separate Property of the parties in the followingpercentages-50% by Sally Re

20、naud and 50% by Joseph Smith.c. The term liquid assets means cash, savings accounts, checking accounts, moneymarket funds, brokerage accounts, cash equivalents, and other marketable securities.4. Each of the parties shall have the un restricted right to dispose of such Separate Property,free and cle

21、ar of any claim that may be made by the other by reas on of their marriage andwith the same effect as if no marriage had bee n con summated between them. The partieshereby agree and elect that all property designated as Separate Property in this agreement shall be exempt from claims, and is not to b

22、e classified, as com mun ity property,quasi-com mun ity property, or marital property un der state law.5. Separate Property shall in clude substituti ons and excha nges for such property now inexiste nee, and any proceeds therefrom, and from any in come derived from such SeparateProperty, and any pr

23、operty purchased from the proceeds or in come from such property.6. Separate property shall also in clude gifts or in herita nces one party receives from a thirdparty after the effective date of this agreeme nt.7. In the eve nt either party should desire to sell, en cumber, con vey or otherwise disp

24、ose ofor realize upon his or her Separate Property or any part or parts thereof, the other party will,upon request of a request, jo in in such deeds, bills of sale, mortgages, renun ciati ons ofsurvivorship or other rights created by law or otherwise, or other in strume nts, as the partydesiri ng to

25、 sell, en cumber, con vey or otherwise dispose or realize upon may request andas may be n ecessary and appropriate to con summate the sale, en cumbra nee, or con veyanee provided, however, that the other party shall not be obligated un der this agreeme nt tosig n any agreeme nt maki ng his or her Se

26、parate Property subject to any debt, mortgage oren cumbra nee.8. Contributions and accumulations in retirement plans and accounts: In regard to retirement pla ns and acco un ts, the parties cove nant and agree that all accumulati ons in, and contributi ons to, retireme nt pla ns and acco unts whethe

27、r before or dur ing the marriage shall bethe Separate Property of the party who owns the acco unt or is the pla n ben eficiary.C. Waiver of Rights and Claims To Separate Property. Except as otherwise provided here in,each party waives and releases all rights, in terests in and claims to the Separate

28、 Property ofthe other party aris ing un der com mon or statutory law of any jurisdict ion (prese nt or future).This waiver does not apply to any right a party may posses to seek assista nee from thefederal gover nment as a surviv ing spouse such as un der the Social Security Act.III. Alimony. Each p

29、arty hereby waives, releases and reli nq uishes any and all rightswhatsoever, whether aris ing by com mon or statutory law (prese nt or future) of any jurisdiction to spousal alim ony, maintenance or other allowa nces in cide nt to divorce or separati on(also known as spousal support or spousal main

30、tenan ce an d/or rehabilitativemaintenan ce). Such waiver, release and reli nq uishme nt shall not apply and is noteffective with respect to any rights or entitlements a party may have as a surviv ing spouseun der the Social Security laws or with respect to any other gover nmen tal ben efit or gover

31、nmen tal program of assista nee. This Agreeme nt shall not limit the right of either party tomake such transfers of property to the other as he or she may wish duri ng their respectivelifetimes, or by will, or to acquire property jointly or in any other form of ownership.IV. Waiver of Rights Upon De

32、ath. Upon the death of either or both of the parties, it is agreedthat the other party (in cludi ng heirs and assig ns) shall make no claim aga inst or assert anyright to a share in the probate estate of such deceased party. The rights and claims waivedby this paragraph in clude those as an omitted

33、spouse or un der the in testate successi onlaws of the applicable jurisdict ion. Nothi ng in this paragraph shall be con strued as restricting the ability of a surviv ing spouse to be a ben eficiary of the deceased spouse as a n amedben eficiary un der a valid last will executed by said deceased spo

34、use, nor does thisparagraph waive the right of surviving spouse to make a claim against the estate ofdeceased spouse as a creditor, a claima nt for breach of con tract, a tort claima nt, or todispute the own ership of property also claimed by the estate. ben eficiary un der a valid lastwill executed

35、 by said deceased spouse, nor does this paragraph waive the right of surviv ingspouse to make a claim against the estate of deceased spouse as a creditor, a claimant forbreach of con tract, a tort claima nt, or to dispute the own ership of property also claimed bythe estate. Waiver of Right to In de

36、pe ndent Legal Coun sel. Both parties affirm that theyhave had an adequate opportunity to consult with an independent legal counsel regardingthis agreement prior to its execution. To the extent either party has not con sulted with indepe ndent legal coun sel, the parties hereby expressly and volunta

37、rily waive the opportunityto consult with independent legal counsel before en teri ng into this agreeme nt.VI. Cohabitation. Each party waives any and all claims, including contingent claims, againstthe party deriving from periods of cohabitation, if any, prior to their marriage.VII. Debts. Each par

38、ty shall pay and be respon sible for all debts in curred by the party priorto sole mni zati on of the marriage from that partys Separate Property. Further, each partyagrees to indemnify the other for any damages or losses incurred by the other party relativeto his or her pre-marriage debts that were

39、 not paid pursua nt to this agreeme nt.VIII. Child Support. Nothi ng in this agreeme nt shall be con strued as reliev ing either partyof an obligati on to support his or her minor childre n.IX. Financial Disclosure. Each party has submitted summary financial information attachedhereto as Schedule A.

40、 Each party ack no wledges an opport un ity to view said financialinformation prior to execution of this document and to inquire further as to the financialinformation provided by the other; however, the signing of this agreeme nt does not in anyway con stitute a waiver of the right of full disclosu

41、re regarding the other partys financialposition.X. In tegrati on. This Agreeme nt sets forth the en tire agreeme nt betwee n the parties withregard to the subject matter hereof. All prior agreeme nts, and cove nan ts, express orimplied, oral or writte n, with respect to the subject matter hereof, ar

42、e contained herein andare hereby superseded by this agreement. The term subject matter hereof, as used in thisparagraph, expressly in cludes (am ong other thi ngs) matters of alimony, propertysettlement, spousal support, and promises by one party to tran sfer mon ey, property or anasset of any kind

43、to the other party in the future. This is an in tegrated agreeme nt.XI. Binding on Successors. Each and every provision hereof shall inure to the benefit of andshall be binding upon the heirs, assig ns, pers onal represe ntatives, and all successors inthe in terest of the parties.XII. Severability.

44、In the eve nt any provisi on of this Agreeme nt is deemed to be void, in valid,or unen forceable, that provisi on shall be severed from the rema in der of this Agreeme nt soas not to cause the in validity or unen forceability of the rema in der of this Agreeme nt. Allrema ining provisi ons of this A

45、greeme nt shall the n con ti nue in full force and effect. If anyprovisi on shall be deemed in valid due to its scope or breadth, such provisi on shall bedeemed valid to the exte nt of the scope and breadth permitted by law.XIII. Modificati on. This Agreeme nt may be modified, superseded, or voided

46、only upon thewritte nagreeme nt of the parties. Further, the physical destructi on or loss of this Agreeme nt shallnot be con strued as a modificati on.XIV. Ackno wledgeme nts. Each party ack no wledges that he or she has had an adequateopportunity to read and study this Agreement, to consider it, t

47、o consult with attorneys if he orshe has so desired, without any form of coercion, duress or pressure.XV. State Law. It is inten ded that this Agreeme nt be valid and en forceable un der the lawsof the state of Texas, and that the laws of this state shall gover n the agreeme nts interpretati on. Def

48、in iti on of Terms Applicable to this Agreeme nt. As used in this agreeme nt,the follow ing terms shall the desig nated defi niti on:A. C on sulted with an attor ney means an in sta nee of a party hav ing show n the prenuptial agreeme nt to an in dividual lice nsed to practice law in any state of th

49、e Un ited States(or the District of Columbia) and hav ing received comme nts of any kind from said attorneyregarding the prenuptial agreement prior to the time the agreeme nt was sig ned by saidparty.B. Debts means all liabilities and claims of a monetary nature that any party may possessaga inst yo

50、u such as a bank loa n, credit card debt, tax debts in cludi ng con ti ngent debts.The term debts, i n our agreeme nt forms, en compassescon ti ngen t claims for which fault or a value have not, as yet, bee n determ in ed.agreement forms, encompasses contingent claims for which fault or a value have

51、 not, asyet, bee n determ in ed. I ntestate successi on laws mea ns the probate laws of theapplicable jurisdiction that control distribution of the assets of an estate for a decedent dyingwithout a valid last will.D. Omitted spouse means a surviving spouse who has been omitted from the last will oft

52、he decedent and seeks to receive a forced share of the decedents probate estate underapplicable probate law. The term omitted spouse also includes a surviving spouse namedas a beneficiary in the last will of the decedent but whose bequest under said last will is lessthan otherwise obtainable as a fo

53、rced share under applicable probate law.E. Retirement Plans and Accounts means any employer sponsored pension, profitsharing,stock bonus or other retirement plan and 401(k), IRA, and other tax deferred accounts thatqualify for special federal income tax treatment under Internal Revenue Code Sections

54、 401,403, or 408 (or equivalent statutes).Schedule A : Summary Financial Statements of the PartiesNo waiver of full disclosure nor agreement to financial representations of other party. Thevaluesplaced in above table are the representation of the party designated only. The signing of thisagreement d

55、oes not in any way constitute an agreement to the above financialrepresentations of the other party nor act as a waiver of the right to full disclosure regardingthe other partys financial position.IN WITNESS WHEREOF, we each sign the foregoing this agreement, do it willingly and asour free and volun

56、tary act for the purposes herein expressed, and further state that we areeach eighteen years of age or older, of sound mind, and under no constraint or undueinfluence.Dated:(Note: This page is not to be attached to your Prenuptial Agreement.)INSTRUCTIONS REGARDING EXECUTION OF YOURPRENUPTIAL AGREEME

57、NT婚前協(xié)議約定指南We recommend that you execute two originals of your Prenuptial Agreement with one to begiven to each party.Notary. The states of Louisiana, Minnesota, and New York require prenuptial agreements tobe notarized.Witnesses. Minnesota requires that prenuptial agreements be witnessed as well asn

58、otarized. Florida requires witnesses when the agreement waives the right to make a claimagainst estate of deceased spouse. In state of Missouri, prenuptial agreements must eitherbe notarized or signed by one of more witnesses (we recommended 2 witnesses).Financial Statement, Schedule A. Before execu

59、ting your Prenuptial Agreement, both partiesare urged to review not only their own financial statement for accuracy but also that of theother party. If the financial statements are materially inaccurate, it will affect the validity of theagreement.Please take note of Paragraph X. above entitled Inte

60、gration. What that paragraph means isthat this written agreement encompasses all promises between the parties concerning all thematters covered in this agreement including the following topics:alimony, property settlement, spousal support, and promises by one party to transfer money,property or an a