Agreement barring all rights in property of other spouse.

 

This agreement is entered into on _________, 19__, by _________ (name of first party, A) and _________(name of second party, B).

This agreement is made with reference to the following facts:

1. A and B are contemplating marriage.

2. A is the owner of real and personal property set forth and described in Exhibit "A" attached to this agreement and made a part of it as though fully set forth.

3. B is the owner of real and personal property set forth and described in Exhibit "B" attached to this agreement and made a part of it as though fully set forth.

4. A has _________(number of children) children of a former marriage, whose names are: _________.

5. The parties desire to define the respective rights of each in the property of the other after marriage, and the parties desire that all property owned by either of them at the time of the marriage and property purchased by either of them from their own earnings during the marriage, shall be their respective separate property.

6. (a) B agrees that all property of any nature or in any place, including but not being limited to the earnings and income resulting from his personal services, skill, effort, and work, belonging to A at the commencement of the marriage or acquired by or coming to A by purchase, gift or inheritance during the marriage, shall be his separate property, and shall be enjoyed by him and shall be subject to his disposition as his separate property in the same manner as though the proposed marriage had never been entered into. B acknowledges that she understands that, except for this agreement, the earnings and income resulting from the personal services, skill, effort, and work of A after the marriage would be community property, but that by this agreement such earnings and income are made his separate property.

(b). A agrees that all property of any nature or in any place, including but not being limited to the earnings and income resulting from her personal services, skill, effort, and work, belonging to B at the commencement of the marriage or acquired by or coming to B by purchase, gifts, or inheritance during the marriage, shall be her separate property and shall be enjoyed by her and shall be subject to her disposition as her separate property in the same manner as though the proposed marriage had never been entered into. A acknowledges that he understands that, except for this agreement, the earnings and income resulting from the personal services, skill, effort, and work of B after the marriage would be community property, but that by this agreement such earnings and income are made her separate property.

7. (a) B relinquishes, disclaims, releases, and forever gives up any and all right, claim, or interest in or to the property of A including but without being limited to community property rights, rights as an heir or widow, rights to family allowances, rights in case of death, or right to act as administratrix of the estate of A.

(b). A relinquishes, disclaims, releases, and forever gives up any and all right, claim, or interest in or to the property of B including but without being limited to community property rights, rights as an heir or widower, rights of family allowance, rights in case of death, or right to act as administrator of the estate of B.

8. A agrees, that at all events, if he and B are married, he will support B and her children _________(insert names of B's children), in the same manner to which they are now accustomed, for the minimum period of 14 calendar months following the marriage, in order that B may take a leave of absence from the _________(insert B's profession, e.g., teaching profession) for that period.

9. A further agrees that in the event that a child or children is or are born to B during the next 10 calendar months, he will pay to said B or to a legally appointed guardian or trustee for such child or children a reasonable amount each month during the minority of that child or children for support and education. It is understood that except for the 14 months above described A has no legal or financial responsibility for _________(names of B's children) unless he so chooses.

10. It is expressly agreed by and between the parties that the various provisions contained in this agreement are severable. If any provision of this agreement is held to be invalid or unenforceable all other provisions shall nevertheless continue in full force and effect.

 

 

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