Agreement barring all rights in property of other spouse.

This indenture made and entered into this _________, 19__, by and between _________, proposed bridegroom, party of the first part, whose permanent address is _________, _________, _________, and _________, proposed bride, party of the second part, whose address is _________, _________, _________.

A marriage is intended to be solemnized between the parties, and after their marriage, in the absence of any agreement to the contrary, their legal relations and position as regards property may change after their marriage.

By reason of some change in their domicil, or otherwise, they may not maintain their present domicil, or have any other reason which may apply to their relations, powers and capacities.

Therefore, _________ and _________, for and in consideration of the marriage, and the affection which they hold for one another, they and each of them, shall be and continue to be completely independent only as regards to the enjoyment, possession and disposal of the following tracts of real estate to-wit:

Each of them agrees with the other in consideration of the proposed marriage, that so far as is legally possible by their private act and agreement, all property belonging to either of them at the commencement of the marriage, or coming to each of them during the marriage, shall be enjoyed by him or her, and be subject to his or her disposition as his or her separate property in the same manner as if the proposed marriage had never been celebrated. This agreement applies specifically to the property mentioned above.

This agreement is further material in that both parties feel a strong moral obligation to their children. It is understood that both may make deeds or wills related particularly to the above described property disposing of the same to their children.

It is further stipulated and agreed that either party, or both parties, may by will or contract provide the other with a limited use and enjoyment of either of the above described properties, as may be useful and expedient, should they be predeceased by their children or circumstances change so that either or both of them may need the use and enjoyment of the above properties for a limited time, but nothing shall change their right, as provided in this agreement, to dispose of these properties separately and without the consent of the other.

It is further agreed that this agreement shall in no-wise apply to any other rights one may have with or against the other, and shall not apply to current income which each of them fully intends to share.

It is further agreed that neither will bring any claim against the other relative to the disposition of acquired property, and particularly the above specifically mentioned property, and that each shall be free of any apparent right of dower that the other may have at law, which this agreement specifically refutes.

 

 

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