Marriage Financial Agreement Template for United States

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Key Requirements PROMPT example:

Marriage Financial Agreement

"Need a Marriage Financial Agreement to protect my technology startup and investment portfolio, ensuring these business assets remain separate property after my wedding planned for March 2025, with specific provisions for future company growth and IPO scenarios."

Document background
Marriage Financial Agreements are essential tools for individuals seeking to establish clear financial arrangements before or during marriage in the United States. These agreements are particularly relevant when either party brings substantial assets to the marriage, owns a business, has inheritance expectations, or has financial obligations from previous relationships. The document must comply with state-specific requirements for validity and typically includes detailed financial disclosures, property division arrangements, and specific terms for various scenarios such as divorce or death. A properly executed Marriage Financial Agreement can provide certainty and protection for both parties while potentially reducing future disputes.
Suggested Sections

1. Parties: Identification of both parties entering into the agreement

2. Background: Context of the agreement, including upcoming marriage details and purpose of the agreement

3. Definitions: Key terms used throughout the agreement including property classifications

4. Property Rights: Division and classification of current and future property, including separate and marital property

5. Financial Disclosures: Complete financial statements and disclosures from both parties

6. Governing Law: Specification of applicable state law and jurisdiction

7. Execution Requirements: Requirements for valid execution including timing and legal counsel confirmation

Optional Sections

1. Spousal Support: Terms for alimony/maintenance in the event of divorce or separation

2. Estate Rights: Inheritance and estate planning provisions including waivers of rights

3. Business Interests: Treatment of business assets, income, and appreciation during marriage

4. Child-Related Provisions: Financial arrangements for existing children from previous relationships

5. Debt Allocation: Treatment of existing and future debts and liabilities

Suggested Schedules

1. Schedule A - Party 1 Assets: Detailed list of first party's assets, liabilities, and financial interests

2. Schedule B - Party 2 Assets: Detailed list of second party's assets, liabilities, and financial interests

3. Schedule C - Joint Property: List of currently owned joint property and agreed treatment

4. Appendix 1 - Independent Legal Advice Certificates: Certificates from both parties' attorneys confirming independent legal advice

5. Appendix 2 - Financial Statements: Detailed financial statements and supporting documentation from both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Industries

UPAA Compliance: Uniform Premarital Agreement Act requirements that govern the creation, modification, and enforcement of prenuptial agreements in adopting states

ERISA Regulations: Employee Retirement Income Security Act provisions affecting how retirement accounts and benefits can be handled in marriage financial agreements

Internal Revenue Code: Federal tax implications and requirements that must be considered when structuring financial arrangements in marriage agreements

Federal Bankruptcy Laws: Bankruptcy code provisions that may affect the enforcement and validity of marriage financial agreements in bankruptcy proceedings

State Family Law: Specific state-level family law codes that govern marriage, divorce, and financial agreements between spouses

State Property Laws: State-specific laws governing property rights, ownership, and division between married couples

State Prenup Requirements: State-specific requirements for valid prenuptial agreements, including execution, timing, and content requirements

State Contract Laws: General contract law principles at the state level that affect the validity and enforcement of marriage financial agreements

Community Property Laws: Special considerations for states operating under community property systems (applicable in AZ, CA, ID, LA, NV, NM, TX, WA, and WI)

Financial Disclosure Requirements: Legal requirements for complete and accurate disclosure of assets, liabilities, and income by both parties

Independent Counsel Requirement: Legal standards regarding the necessity or recommendation for both parties to have independent legal representation

Voluntary Execution Standards: Legal requirements ensuring agreements are entered into voluntarily and without duress, coercion, or undue influence

Execution Timing Requirements: State-specific rules regarding when agreements must be signed relative to the marriage date to be considered valid

Fairness Standards: Legal requirements regarding the substantive and procedural fairness of the agreement terms

Formal Execution Requirements: Technical requirements for valid execution, including notarization, witnesses, and proper documentation

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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