PREMARITAL AGREEMENT

(District of Columbia)

[// GUIDANCE: This template is drafted to comply with the District of Columbia Premarital Agreement Act, D.C. Code §§ 46-701 et seq., and integrates best-practice defensive drafting techniques. Customize all bracketed provisions, attach the required financial disclosure schedules, and obtain independent legal review prior to execution.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
Schedules

I. DOCUMENT HEADER

1. Parties
   This Premarital Agreement (this “Agreement”) is entered into by and between:
   a. [Full Legal Name of Party A], residing at [Address] (“[Short Name A]”); and
   b. [Full Legal Name of Party B], residing at [Address] (“[Short Name B]”).

2. Recitals
   a. The Parties contemplate a lawful marriage to each other on or about [Wedding Date] (the “Marriage”).
   b. The Parties desire to establish their respective rights and obligations regarding property, debts, support, and other matters arising from the Marriage.
   c. The Parties intend that this Agreement be effective and binding upon their Marriage and enforceable under the laws of the District of Columbia.

3. Consideration & Effectiveness
   Adequate consideration exists by virtue of the mutual covenants herein and the forthcoming Marriage, and this Agreement shall become effective on the date the Parties are legally married (the “Effective Date”).

II. DEFINITIONS

For ease of reference, capitalized terms have the meanings set forth below. Undefined capitalized terms have the meanings ascribed in context.

“Commencement Date” means the Effective Date.
“DC Act” means the D.C. Premarital Agreement Act, D.C. Code §§ 46-701 et seq.
“Disclosure Schedules” means Schedule A (Party A Financial Statement) and Schedule B (Party B Financial Statement).
“Family Court” means the Family Division of the Superior Court of the District of Columbia.
“Marital Property” has the meaning assigned in Section 3.2.
““Party” or “Parties” means Party A and/or Party B.
“Premarital Debt” means any debt incurred by a Party before the Commencement Date.
““Separate Property**” has the meaning assigned in Section 3.1.

[// GUIDANCE: Add or remove definitions as needed, ensuring consistent usage throughout the Agreement.]

III. OPERATIVE PROVISIONS

3.1 Separate Property

a. The following, and all appreciation, rents, profits, and proceeds thereof, shall be and remain the “Separate Property” of the owning Party:
i. Property listed on Schedule C (Party A) and Schedule D (Party B);
ii. Property acquired by either Party by gift, devise, or inheritance after the Commencement Date expressly designated in writing as that Party’s Separate Property; and
iii. Proceeds of Premarital Insurance policies owned by that Party.

b. Each Party shall have the unrestricted right to manage, transfer, encumber, or otherwise deal with his or her Separate Property without the consent of the other Party.

3.2 Marital Property

Except as expressly provided in Section 3.1, all property acquired by either Party after the Commencement Date shall be deemed “Marital Property,” regardless of how title is held.

3.3 Premarital Debt & Post-Marital Debt

a. Each Party shall be solely responsible for his or her respective Premarital Debt, identified on the Disclosure Schedules.
b. Debts incurred jointly in writing after the Commencement Date shall be joint obligations. All other debts incurred post-marriage shall be the separate obligation of the incurring Party.

3.4 Spousal Support

a. Subject to Section 3.4(b), each Party knowingly and voluntarily waives any right to spousal maintenance or alimony arising out of the dissolution of the Marriage.
b. This waiver shall not apply if, at the time of enforcement, it would render a Party eligible for public assistance or otherwise be unconscionable under D.C. Code § 46-706.

3.5 Estate Planning & Death Benefits

a. This Agreement shall not limit either Party’s testamentary freedom.
b. The Parties acknowledge that statutory elective-share rights may be waived under this Agreement.

3.6 Child-Related Matters

Nothing in this Agreement shall affect the right of any child of the Parties to support, custody, or any other matter governed by public policy or statutory law.

3.7 Conditions Precedent

This Agreement is conditioned upon:
a. The Parties entering into the Marriage on or before [Long-Stop Date]; and
b. The Parties exchanging fully executed originals of this Agreement and the Disclosure Schedules at least [X] calendar days before the Marriage.

IV. REPRESENTATIONS & WARRANTIES

4.1 Full and Fair Disclosure
Each Party represents and warrants that:
a. He or she has provided a full, fair, and reasonable disclosure of his or her assets, liabilities, and income in the attached Disclosure Schedules; and
b. Such disclosure is true, complete, and correct in all material respects as of the execution date.

4.2 Independent Counsel
Each Party:
a. Has been advised of the right to obtain independent legal counsel;
b. Either has been represented by such counsel or has knowingly waived such representation in writing; and
c. Executes this Agreement voluntarily and without duress or undue influence.

4.3 Capacity and Authority
Each Party has the legal capacity to enter into this Agreement and is not subject to any impairment that would invalidate his or her consent.

4.4 Survival
The representations and warranties in this Article IV shall survive the Commencement Date and any dissolution of the Marriage.

V. COVENANTS & RESTRICTIONS

5.1 Further Assurances
The Parties shall execute any additional instruments reasonably necessary to effectuate the intent of this Agreement.

5.2 Record-Keeping
Each Party shall maintain complete records concerning Separate Property sufficient to trace such property and its appreciation or income.

5.3 Confidentiality
The terms of this Agreement and the financial disclosures shall remain confidential except as necessary for enforcement or as required by law.

5.4 Notice of Change
A Party shall promptly notify the other of any material change in financial condition prior to the Commencement Date.

VI. DEFAULT & REMEDIES

6.1 Events of Default
The following constitute defaults:
a. Material misrepresentation in the Disclosure Schedules;
b. Failure to execute ancillary documents required by this Agreement;
c. Commencing litigation contrary to the dispute-resolution provisions herein.

6.2 Cure Period
The defaulting Party shall have thirty (30) days after written notice to cure any default, if curable.

6.3 Remedies
Upon default and expiration of any cure period, the non-defaulting Party may seek:
a. Specific performance;
b. Declaratory or injunctive relief;
c. Recovery of attorneys’ fees and costs; and
d. Any other remedy available at law or in equity.

[// GUIDANCE: Graduated remedies reinforce enforceability and demonstrate fairness.]

VII. RISK ALLOCATION

7.1 Mutual Indemnification
Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party from and against all Losses arising from:
a. The Indemnifying Party’s breach of any representation, warranty, or covenant herein; or
b. Premarital Debt or separate post-marital obligations of the Indemnifying Party.

7.2 Limitation of Liability
Except for fraud or willful misconduct, cumulative liability of either Party under this Agreement shall not exceed the total value of that Party’s Separate Property as of the Commencement Date.

7.3 Force Majeure
Neither Party shall be liable for delay or failure in performance caused by events beyond reasonable control (“Force Majeure”) provided written notice is given within ten (10) days of the event.

VIII. DISPUTE RESOLUTION

8.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the District of Columbia, without regard to conflict-of-law principles, subject to the DC Act.

8.2 Forum Selection
Exclusive jurisdiction and venue shall lie in the Family Court for any proceeding relating to the validity, interpretation, or enforcement of this Agreement.

8.3 Arbitration (Limited)
a. The Parties may, by mutual written consent after a dispute arises, submit valuation or classification issues to binding arbitration administered by [Arbitration Service] under its family-law rules.
b. Matters of child support or custody are non-arbitrable.

8.4 Jury Waiver
The Parties acknowledge that no right to a jury trial exists in Family Court proceedings under DC law. To the extent a jury right could otherwise arise, it is hereby waived.

8.5 Injunctive Relief
Nothing in this Article shall limit either Party’s right to seek temporary, preliminary, or permanent injunctive relief, including specific performance.

IX. GENERAL PROVISIONS

9.1 Amendment & Waiver
This Agreement may be amended only by a written instrument executed by both Parties, acknowledged before a notary public. No waiver shall be effective unless in writing.

9.2 Assignment; Delegation
Rights and obligations hereunder are personal to the Parties and may not be assigned or delegated without prior written consent.

9.3 Severability
If any provision is held unenforceable, it shall be reformed to the minimum extent necessary, and the remaining provisions shall continue in full force.

9.4 Integration
This Agreement, including attached Schedules, constitutes the entire agreement of the Parties regarding the subject matter and supersedes all prior understandings.

9.5 Counterparts; Electronic Signatures
This Agreement may be executed in counterparts, each of which is deemed an original. Electronic or facsimile signatures shall be treated as originals for all purposes.

9.6 Notices
All notices shall be in writing and delivered by certified mail, return receipt requested, or by nationally recognized overnight courier to the addresses first above written (or any updated address provided per this Section).

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth below.

NOTARY ACKNOWLEDGMENTS

[// GUIDANCE: While not expressly required under D.C. Code § 46-702, notarization strengthens evidentiary validity.]

District of Columbia, ss.:
On this ___ day of ____, 20__, before me, the undersigned Notary Public, personally appeared [Name], known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument, and acknowledged that (s)he executed the same for the purposes therein contained.

Notary Public
My commission expires: ____

(Repeat for Party B)

SCHEDULES (Attaching after signature pages)

• Schedule A – Party A Financial Statement
• Schedule B – Party B Financial Statement
• Schedule C – Party A Separate Property List
• Schedule D – Party B Separate Property List

[// GUIDANCE: Attach detailed, itemized disclosures sufficient to demonstrate “fair and reasonable disclosure” under D.C. Code § 46-706(a)(2). Failure to do so risks unenforceability.]

End of Document