Prenuptial Agreement - District of Columbia

PREMARITAL AGREEMENT

District of Columbia

This Premarital Agreement (the “Agreement”) is made on [__/__/____] by and between:

• [FULL LEGAL NAME OF PARTY A], residing at [ADDRESS] (“Party A”); and
• [FULL LEGAL NAME OF PARTY B], residing at [ADDRESS] (“Party B”).

The parties contemplate marriage on or about [__/__/____]. They intend this Agreement to become effective only upon their marriage. If the parties instead contemplate registering a domestic partnership, use a form reviewed for that relationship and the provisions of D.C. Code §§ 46-501 through 46-508.

1. Disclosures and review

1. Each party has delivered the financial disclosure identified in that party’s attached schedule, including a fair and reasonable description of assets, liabilities, income, and material obligations.

2. Party A acknowledges receipt of Party B’s disclosure and states that Party A has had an adequate opportunity to review it and ask questions. Party B makes the corresponding acknowledgment regarding Party A’s disclosure.

3. Each party has had adequate time to consider this Agreement and has been advised to obtain independent legal counsel. Party A: ☐ represented by independent counsel ☐ knowingly declines independent counsel after an opportunity to obtain it. Party B: ☐ represented by independent counsel ☐ knowingly declines independent counsel after an opportunity to obtain it.

4. Each party signs voluntarily and without duress or undue influence. The parties should record any material change to the draft, delivery date, counsel review, or postponement in Schedule E.

2. Separate property

The following is Party A’s separate property, together with its traceable proceeds and appreciation to the extent permitted by law:

[DESCRIBE PROPERTY, ACCOUNTS, BUSINESS INTERESTS, AND DEBTS OR ATTACH SCHEDULE A.]

The following is Party B’s separate property, together with its traceable proceeds and appreciation to the extent permitted by law:

[DESCRIBE PROPERTY, ACCOUNTS, BUSINESS INTERESTS, AND DEBTS OR ATTACH SCHEDULE B.]

3. Marital property and debts

Property acquired during the marriage will be treated as:

[DESCRIBE AGREED RULES, INCLUDING TITLE, CONTRIBUTIONS, INCOME, APPRECIATION, AND COMMINGLING.]

Each party remains responsible for the following premarital debts:

[PARTY A DEBTS: ________________________________]

[PARTY B DEBTS: ________________________________]

Joint obligations and post-marriage debts will be treated as follows:

[DESCRIBE AGREED RULES, SUBJECT TO RIGHTS OF CREDITORS AND APPLICABLE LAW.]

4. Spousal or domestic partner support

The parties agree that support will be:

☐ reserved for later determination;

☐ governed by the following terms: [________________________________].

Any waiver or modification of spousal or domestic partner support remains subject to D.C. Code § 46-506, including the public-assistance rule and the statutory voluntariness and disclosure protections. Nothing in this Agreement guarantees that a court will enforce a support waiver.

5. Estate and death-related arrangements

The parties’ estate planning and beneficiary designations will be coordinated with this Agreement as follows:

[DESCRIBE ONLY THE RIGHTS AND WAIVERS SPECIFICALLY REVIEWED BY COUNSEL AND IDENTIFY EACH REQUIRED ESTATE DOCUMENT.]

No provision of this Agreement changes a beneficiary designation or transfers property without the separate instrument required for that purpose.

6. Children and public policy

This Agreement does not adversely affect a child’s right to support. Child support, custody, parenting time, and other child-related matters remain subject to the court’s authority and the child’s best interests.

7. Effect, void marriage, and later amendment

1. This Agreement becomes effective upon the parties’ marriage. If the marriage is later determined to be void, this Agreement applies only to the extent provided by D.C. Code § 46-507, unless the parties expressly provide otherwise here: [________________________________].

2. After marriage, the parties may amend or revoke this Agreement only by a written agreement signed by both parties under D.C. Code § 46-505. No oral amendment is effective under this Agreement.

3. The parties understand that D.C. Code § 46-508 tolls an applicable statute of limitations during the marriage.

8. Governing law and court proceedings

The parties choose District of Columbia law to govern construction of this Agreement to the extent permitted by law. A court with jurisdiction will decide enforceability, unconscionability, support, property, and other issues that the parties cannot resolve.

Nothing in this Agreement requires a court to accept a selected forum, limits the court’s statutory jurisdiction, or waives a right that cannot lawfully be waived.

9. General terms

1. This Agreement and its schedules contain the parties’ agreement about the subjects addressed here. Any provision that is unenforceable will be severed or limited only to the extent required by law.

2. A party’s delay in enforcing a provision is not a waiver unless the waiver is in a writing signed by that party.

3. Each party will sign additional instruments reasonably necessary to carry out an enforceable provision of this Agreement, subject to counsel review and applicable law.

4. This Agreement may be signed in counterparts. The parties should use execution and acknowledgment formalities recommended by their counsel and the receiving institution for any related transfer or recordable instrument.

10. Signatures

The parties sign this Agreement before their marriage.

Counsel acknowledgment

Counsel for Party A: [________________________________] Date: [__/__/____]

Counsel for Party B: [________________________________] Date: [__/__/____]

Schedules

• Schedule A: Party A financial disclosure.
• Schedule B: Party B financial disclosure.
• Schedule C: Property and debt classification elections.
• Schedule D: Estate and beneficiary coordination.
• Schedule E: Signing timeline and review record.

Official references: D.C. Code §§ 46-501 to 46-508; D.C. Code § 11-1101.