PREMARITAL AGREEMENT

(Iowa Uniform Premarital Agreement Act – Iowa Code ch. 596)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Schedules & Exhibits

[// GUIDANCE: After drafting, auto-generate a dynamic table of contents to update page numbers in final PDF.]

1. DOCUMENT HEADER

1.1 Title and Parties

This Premarital Agreement (the “Agreement”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

• [FULL LEGAL NAME OF PROSPECTIVE SPOUSE #1] (“[SHORT NAME 1]”), a resident of the State of Iowa, and
• [FULL LEGAL NAME OF PROSPECTIVE SPOUSE #2] (“[SHORT NAME 2]”), a resident of the State of Iowa.

(Each, a “Party,” and collectively, the “Parties.”)

1.2 Recitals

A. The Parties contemplate legal marriage under the laws of the State of Iowa on or about [MARRIAGE DATE] (the “Marriage”).
B. Pursuant to Iowa Code chapter 596 (the “Iowa UPAA”), the Parties desire to establish their respective rights and obligations in property and financial matters, both during the Marriage and upon its dissolution, death, or other circumstances stated herein.
C. Each Party enters this Agreement freely, voluntarily, and upon full and fair disclosure.
D. Adequate and lawful consideration, including the mutual promises herein and the forthcoming Marriage, supports this Agreement.

1.3 Governing Jurisdiction

This Agreement shall be governed by and construed under the domestic-relations law of the State of Iowa, without regard to its conflict-of-laws principles.

2. DEFINITIONS

The following terms, listed alphabetically, shall have the meanings assigned below. Terms defined in singular include the plural and vice-versa. Capitalized terms used but not defined herein shall have the meanings ascribed elsewhere in this Agreement.

“Affiliate” – With respect to a Party, any entity directly or indirectly controlling, controlled by, or under common control with such Party.

“After-Acquired Property” – Any property, real or personal, tangible or intangible, acquired by either Party after the Effective Date.

“Assets Schedule” – The disclosure statement attached hereto as Schedule A ([SHORT NAME 1]) and Schedule B ([SHORT NAME 2]) setting forth each Party’s Separate Property and liabilities.

“Community Residence” – The primary marital residence identified in Section 3.4, as it may be replaced from time to time.

“Marital Property” – Property classified as such under Section 3.2.

“Separate Property” – Property classified as such under Section 3.1.

“Triggering Event” – (i) a decree of dissolution, annulment, or legal separation; (ii) the death of either Party; or (iii) any other event expressly designated a Triggering Event herein.

3. OPERATIVE PROVISIONS

3.1 Classification of Separate Property

3.1.1 Separate Property of Each Party. All property owned by a Party on the Effective Date and all After-Acquired Property meeting any of the following criteria shall constitute such Party’s Separate Property:
a. Property acquired by gift, devise, descent, or inheritance;
b. Property acquired in exchange for Separate Property;
c. Appreciation, rents, profits, and income derived solely from Separate Property, unless transmuted under Section 3.3;
d. Proceeds of any policy of insurance on the life or disability of a Party payable solely to that Party or such Party’s estate; and
e. Any other property set forth as Separate Property in the Assets Schedule.

3.1.2 Control Rights. Each Party shall have the unrestricted right to manage, transfer, encumber, or dispose of his or her Separate Property without the consent of the other Party, subject to Section 5.2 (Notice).

3.2 Classification of Marital Property

Except as expressly provided in Sections 3.1 and 3.3, all property acquired by either Party from and after the Marriage Date that does not qualify as Separate Property shall be “Marital Property” and subject to the division provisions of Section 6.4.

3.3 Transmutation and Commingling

3.3.1 Written Instrument. Separate Property shall not be converted to Marital Property except by a written instrument signed by both Parties expressly referencing this Section 3.3.
3.3.2 Presumption Against Transmutation. Commingling alone shall not convert Separate Property into Marital Property absent clear and convincing evidence of intent to transmute.

3.4 Community Residence

The Parties intend to acquire and occupy a Community Residence located at [ADDRESS OR “TO BE DETERMINED”]. Title shall be held [JOINT TENANTS WITH RIGHTS OF SURVIVORSHIP/TENANTS IN COMMON] in the following percentages: [%-1]% to [SHORT NAME 1] and [%-2]% to [SHORT NAME 2].

3.5 Spousal Support

3.5.1 Waiver. Subject to Section 3.5.2, each Party knowingly and voluntarily waives any right to temporary, rehabilitative, or permanent spousal support.
3.5.2 Savings Clause. If a court of competent jurisdiction determines that enforcement of Section 3.5.1 would render either Party eligible for public assistance, the court may order support only to the extent necessary to avoid such eligibility, pursuant to Iowa Code § 596.6(2).

3.6 Estate Planning

Nothing in this Agreement shall restrict either Party from executing wills, trusts, or other testamentary instruments consistent with the provisions herein. The Parties shall, upon request, execute such ancillary instruments as may be necessary or desirable to effectuate this Agreement.

3.7 Children

3.7.1 Child Support & Custody. This Agreement shall not restrict, limit, or waive any right or obligation concerning child support, custody, or visitation, which shall remain subject to judicial determination in accordance with the best interests of any minor child.
3.7.2 Subsequent Agreements. Any provision purporting to control matters in Section 3.7.1 shall be void as against public policy and severed under Section 9.4.

4. REPRESENTATIONS & WARRANTIES

Each Party represents and warrants to the other, as of the Effective Date:

4.1 Capacity. He or she is at least eighteen (18) years of age, is competent to contract, and will enter the Marriage lawfully.

4.2 Voluntariness. He or she executes this Agreement freely, voluntarily, and without duress or undue influence.

4.3 Independent Counsel. He or she has had the opportunity to consult independent legal counsel of his or her own choosing and has either done so or knowingly waived such right.

4.4 Financial Disclosure. He or she has provided to the other Party a fair and reasonable disclosure of assets, liabilities, and income, accurately reflected in the Assets Schedule.

4.5 No Prior Conflicting Agreements. He or she is not a party to any agreement conflicting with or prohibiting the performance of this Agreement.

4.6 Accuracy of Schedules. The Assets Schedule attached hereto is true, complete, and correct in all material respects.

4.7 Survival. The representations and warranties herein shall survive the execution and delivery of this Agreement and any Triggering Event.

5. COVENANTS & RESTRICTIONS

5.1 Covenants to Update Disclosure
Each Party covenants to update his or her Assets Schedule upon reasonable request, but no more than annually, to reflect material changes in net worth exceeding [DOLLAR AMOUNT].

5.2 Notice Obligation for Disposition of Substantial Assets
A Party intending to dispose of Separate Property having a fair market value in excess of [DOLLAR AMOUNT OR “5% OF NET WORTH”] in a single transaction (or series of related transactions) shall provide ten (10) days’ prior written notice to the other Party. Failure to give notice shall not invalidate the transaction but may constitute an Event of Default under Section 6.1(d).

5.3 Confidentiality
Except as required by law, the Parties shall keep confidential the terms of this Agreement and all financial information exchanged in connection herewith. Disclosure to legal, tax, or financial advisors under a duty of confidentiality is permitted.

5.4 Mutual Cooperation
Each Party shall execute and deliver further instruments and take such other actions as may be reasonably necessary to carry out the intent of this Agreement.

6. DEFAULT & REMEDIES

6.1 Events of Default

The following constitute an “Event of Default”:
a. Breach of a material covenant or obligation herein and failure to cure within twenty-one (21) days after written notice;
b. Material misrepresentation or omission in the Assets Schedule;
c. Voluntary or involuntary bankruptcy filing by a Party without the other Party’s written consent (except as otherwise prohibited by law);
d. Failure to provide notice under Section 5.2;
e. Any attempt to challenge the enforceability of this Agreement other than to contest unconscionability under Iowa Code § 596.7.

6.2 Cure Period

The non-defaulting Party shall provide written notice describing the Event of Default. If curable, the defaulting Party shall have the period stated in Section 6.1 to cure.

6.3 Remedies

Upon an uncured Event of Default, the non-defaulting Party may:
a. Seek specific performance or injunctive relief;
b. Obtain monetary damages, including consequential damages to the extent not excluded under Section 7.2;
c. Obtain interim attorney fees and costs;
d. Accelerate and enforce any payment obligation herein.

6.4 Property Division Upon Triggering Event

6.4.1 Separate Property. Shall remain the sole property of the owning Party.
6.4.2 Marital Property. Shall be divided in accordance with the percentages specified in Schedule C, or absent such schedule, equally between the Parties.
6.4.3 Enforcement. The Parties shall cooperate in executing conveyances, assignments, or other instruments necessary to effectuate the foregoing division.

7. RISK ALLOCATION

7.1 Mutual Indemnification

Each Party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party and his or her Affiliates (collectively, the “Indemnified Parties”) from and against any losses, liabilities, damages, costs, or expenses (including reasonable attorney fees) arising from:
a. The Indemnifying Party’s breach of this Agreement;
b. The Indemnifying Party’s Separate Debts listed on his or her Assets Schedule;
c. Claims by creditors of the Indemnifying Party against the Separate Property of the Indemnified Parties.

7.2 Limitation of Liability

Except for willful misconduct or fraud, each Party’s aggregate liability under this Agreement shall not exceed [DOLLAR AMOUNT] or [“the net value of such Party’s Separate Property,”] whichever is greater.

7.3 Insurance

Each Party shall maintain, at his or her sole cost, insurance policies reasonably adequate to cover liabilities arising from his or her Separate Property and Separate Debts.

7.4 Force Majeure

No Party shall be liable for failure to perform any obligation (excluding payment obligations) caused by events beyond such Party’s reasonable control, including acts of God, pandemic, war, or governmental orders, provided that the Party claiming force majeure gives prompt notice and mitigates damages.

8. DISPUTE RESOLUTION

8.1 Governing Law. Iowa law shall govern all disputes.

8.2 Exclusive Forum. The Iowa District Court for [COUNTY] County, Family Law Division (“Family Court”), shall have exclusive jurisdiction, subject to Section 8.3.

8.3 Arbitration (Limited Availability).
a. Scope. The Parties may, by mutual written agreement executed after a dispute arises, submit any property division or indemnification dispute under this Agreement to binding arbitration administered by the American Arbitration Association under its Family Law Arbitration Rules.
b. Exclusions. Matters relating to child custody, child support, or any issue reserved to the jurisdiction of the Family Court by statute are non-arbitrable.
c. Confirmation. Any arbitral award may be confirmed in the Family Court.

8.4 Injunctive Relief. The Parties reserve the right to seek temporary or permanent injunctive relief, including specific performance, from any court of competent jurisdiction to enforce this Agreement.

8.5 Jury Waiver. As Family Court proceedings are non-jury, no Party shall demand a jury trial.

9. GENERAL PROVISIONS

9.1 Amendments; Revocation
Pursuant to Iowa Code § 596.6(1), this Agreement may be amended or revoked only by a subsequent written agreement signed by both Parties and expressly referencing this Section 9.1.

9.2 Waiver
No waiver shall be effective unless in writing and signed by the waiving Party. A waiver of any breach shall not operate as a waiver of any subsequent breach.

9.3 Assignment; Delegation
No Party may assign rights or delegate obligations under this Agreement without the prior written consent of the other Party, except by testamentary disposition consistent with Section 3.6.

9.4 Severability
If any provision is held unenforceable, the unenforceable portion shall be severed, and the remainder shall be interpreted to effectuate the Parties’ intent, subject to Iowa Code § 596.7.

9.5 Entire Agreement
This Agreement, including all Schedules and Exhibits, constitutes the entire understanding between the Parties and supersedes all prior negotiations and agreements, oral or written, relating to the subject matter hereof.

9.6 Notices
All notices shall be in writing and deemed given when delivered personally, sent by certified mail (return receipt requested), or by nationally recognized overnight courier to the addresses set forth below, or such other address as a Party may designate by notice.

• [SHORT NAME 1]: [ADDRESS]
• [SHORT NAME 2]: [ADDRESS]

9.7 Counterparts; Electronic Signatures
This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together constitute one instrument. Signatures transmitted by electronic means (e.g., PDF, DocuSign) shall be deemed original.

9.8 Headings
Headings are for convenience only and shall not affect interpretation.

9.9 Interpretation
Both Parties participated in drafting; therefore, no presumption against either Party shall apply in interpretation.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

Notary Acknowledgment

State of Iowa )
) ss
County of __ )

On this ___ day of ____, 20__, before me, a Notary Public in and for said state, personally appeared [NAMES OF BOTH PARTIES], to me known (or satisfactorily proven) to be the persons whose names are subscribed to the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed.

Notary Public in and for the State of Iowa
My commission expires: ______

[// GUIDANCE: Verify county and notarial wording per Iowa Code ch. 9B.]

11. SCHEDULES & EXHIBITS

• Schedule A – [SHORT NAME 1] Assets & Liabilities
• Schedule B – [SHORT NAME 2] Assets & Liabilities
• Schedule C – Marital Property Division Percentages (Optional)
• Exhibit 1 – Acknowledgment of Independent Counsel (Optional)

[// GUIDANCE:
1. Attach detailed Assets Schedules listing all real property, bank/investment accounts, business interests, retirement accounts, tangible personal property, and outstanding debts.
2. Consider adding tax allocation provisions if either Party owns pass-through entities.
3. Confirm that all statutory waiting periods (if any) between execution and the Marriage Date are met; while Iowa law does not impose a fixed period, best practice is to allow at least seven (7) days.
4. Provide each Party with a fully executed copy well before the wedding ceremony.
]