PREMARITAL AGREEMENT

(State of Mississippi)

[// GUIDANCE: This template is drafted to comply with Mississippi family‐law requirements, relevant public policy considerations, and prevailing enforceability standards for premarital agreements. Customize all bracketed terms, attach the required financial disclosure schedules, and obtain independent legal counsel for each party 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

I. DOCUMENT HEADER

1. Agreement Title
   PREMARITAL AGREEMENT (this “Agreement”)

2. Parties
   a. [PARTY A FULL LEGAL NAME], an individual residing at [ADDRESS] (“Party A”)
   b. [PARTY B FULL LEGAL NAME], an individual residing at [ADDRESS] (“Party B,” and together with Party A, the “Parties,” and each a “Party”)

3. Recitals
   a. The Parties contemplate legal marriage in the State of Mississippi on or about [PROJECTED WEDDING DATE] (the “Marriage”).
   b. Each Party desires to establish, inter se, their respective rights and obligations in property, income, liabilities, and support, both during the Marriage and upon the occurrence of certain events, including separation, divorce, or the death of either Party.
   c. Each Party has made a full and fair disclosure of that Party’s assets, liabilities, and income to the other Party, as more fully described in Schedule A (Party A Financial Disclosure) and Schedule B (Party B Financial Disclosure) attached hereto (collectively, the “Financial Disclosures”).
   d. The Parties enter into this Agreement freely, voluntarily, and upon advice of separate and independent counsel of their choosing, or after having knowingly waived such counsel.
   NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the Parties agree as follows.

II. DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings set forth below. Any term not defined in this Section II but defined elsewhere shall have the meaning assigned to it therein.

“Agreement” has the meaning set forth in Section I.1.

“Arbitrable Issue” means any property, debt‐allocation, or spousal‐support dispute arising under this Agreement that is expressly designated in Section VIII.3 as arbitrable.

“Excluded Gift or Inheritance” means any asset received by either Party by gift, devise, or inheritance, provided such asset is maintained in that Party’s separate name and not commingled with Marital Property.

“Marital Property” means (i) any property titled jointly in the Parties’ names; (ii) any property either Party elects in writing to characterize as Marital Property; and (iii) any property otherwise determined to be Marital Property by a Mississippi court of competent jurisdiction under applicable family law.

“Marriage” has the meaning set forth in Section I.3.a.

“Mississippi Family Court” means any chancery court exercising jurisdiction over family‐law matters in the State of Mississippi.

“Separate Property” means all property, whether real or personal, tangible or intangible, owned by a Party prior to the Marriage, including any appreciation or income thereon, and any Excluded Gift or Inheritance, except to the extent recharacterized as Marital Property pursuant to Section III.3.

[// GUIDANCE: Add, remove, or modify definitions as needed to match the Parties’ circumstances.]

III. OPERATIVE PROVISIONS

1. Classification of Property
   a. Separate Property of Each Party. Each Party’s Separate Property shall remain that Party’s sole and exclusive property, free from any claim or right of the other Party, except as expressly provided herein.
   b. Marital Property. Marital Property shall be owned jointly with each Party holding an undivided one‐half interest unless otherwise stated in a writing signed by both Parties.
   c. Commingling. Commingling Separate Property with Marital Property shall not, standing alone, reclassify the Separate Property unless the contributing Party clearly manifests an intent to donate the property to the marital estate.

2. Management & Control
   Each Party shall have sole management and control over that Party’s Separate Property. Both Parties shall have joint management and control over Marital Property, unless they agree in writing to delegate management authority to one Party.

3. Transfer or Recharacterization
   Either Party may, at any time, transfer Separate Property to the other Party or to the marital estate by an instrument in writing signed by the transferring Party and acknowledged before a notary public.

4. Debts & Liabilities
   a. Pre-Marital Debts. Each Party shall be solely responsible for debts incurred prior to the Marriage.
   b. Marital Debts. Debts incurred jointly or for the benefit of the marital household shall be deemed Marital Debts and allocated as mutually agreed or as ordered by the Mississippi Family Court.

5. Spousal Support (Alimony)
   a. Waiver Subject to Court Review. Each Party hereby conditionally waives any right to receive alimony from the other Party, except as may be ordered by a Mississippi Family Court upon a finding that enforcement of this waiver would be unconscionable at the time of enforcement.
   b. Interim Support. Nothing herein shall prevent either Party from seeking temporary or pendente lite support in a judicial proceeding.

6. Disposition Upon Death
   a. Elective‐Share Waiver. Each Party hereby waives, releases, and relinquishes any elective share, statutory share, homestead allowance, exempt property allowance, or similar marital or spousal share in the estate of the other Party to the fullest extent permitted by Mississippi law.
   b. Will & Trust Coordination. Each Party shall execute and maintain testamentary instruments consistent with this Agreement within [NUMBER] days after the Effective Date.

7. Insurance
   Each Party shall maintain term life insurance of not less than $[AMOUNT] with the other Party designated as beneficiary until the earliest to occur of (i) divorce; (ii) mutual written waiver; or (iii) death of either Party.

8. Gifts Between Parties
   Any interspousal gift with a value exceeding $[THRESHOLD] shall be documented in writing and shall be treated as Marital Property unless expressly designated otherwise.

IV. REPRESENTATIONS & WARRANTIES

1. Full Disclosure
   Each Party represents and warrants that:
   a. The Financial Disclosure delivered to the other Party is true, complete, and correct as of the date hereof; and
   b. No material asset, liability, or source of income has been omitted.

2. Voluntariness & Independent Counsel
   Each Party represents and warrants that:
   a. Such Party executes this Agreement freely and voluntarily and without duress or undue influence;
   b. Such Party has had a reasonable opportunity to retain and consult independent legal counsel of that Party’s choosing, and either has done so or has knowingly and voluntarily waived such right; and
   c. Such Party has had sufficient time to review this Agreement prior to signing.

3. Capacity
   Each Party is at least eighteen (18) years of age, is of sound mind, and is not under any legal disability that would impair such Party’s ability to enter into this Agreement.

4. No Prior Conflicting Obligations
   Neither Party is subject to any court order or contractual obligation that would conflict with or impair this Agreement.

5. Survival and Reliance
   All representations and warranties shall survive execution and shall be relied upon by the Parties and their respective successors and assigns.

V. COVENANTS & RESTRICTIONS

1. Ongoing Disclosure
   Each Party covenants to provide, upon reasonable written request, updated financial information material to the purposes of this Agreement.

2. Record-Keeping
   Each Party shall maintain accurate books and records sufficient to distinguish Separate Property from Marital Property.

3. Tax Cooperation
   The Parties shall cooperate in the preparation and filing of any required joint or separate tax returns, including the timely exchange of necessary documentation.

4. Confidentiality
   Except as required by law or court order, each Party shall keep confidential the terms of this Agreement and any disclosed financial information.

5. Notice & Cure
   A Party alleging breach of any covenant shall provide written notice describing the breach in reasonable detail. The breaching Party shall have thirty (30) days after receipt of such notice to cure.

VI. DEFAULT & REMEDIES

1. Events of Default
   The following constitute an event of default (“Event of Default”):
   a. Material breach of any covenant, representation, or warranty herein;
   b. Failure to comply with a final, non-appealable order enforcing this Agreement; or
   c. Fraudulent concealment or material misstatement in any Financial Disclosure.

2. Notice & Cure
   Upon an Event of Default, the non-breaching Party shall deliver written notice specifying the default and the requested remedy. If the breaching Party fails to cure within the applicable cure period, the non-breaching Party may pursue remedies as provided herein or at law or equity.

3. Available Remedies
   a. Specific Performance for property designations or transfers;
   b. Monetary damages to the extent not inconsistent with liability caps in Section VII.2;
   c. Declaratory or injunctive relief from a Mississippi Family Court; and
   d. Recovery of attorneys’ fees and costs as set forth in Section VI.4.

4. Attorneys’ Fees & Costs
   In any action to enforce or interpret this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees, experts’ fees, and costs, subject to Mississippi Family Court approval.

VII. RISK ALLOCATION

1. Mutual Indemnification
   a. Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party (“Indemnified Party”) from and against all losses, liabilities, and expenses arising out of (i) the Indemnifying Party’s Separate Debts; or (ii) a material breach of this Agreement by the Indemnifying Party.
   b. The Indemnified Party shall provide prompt written notice of any claim and shall permit the Indemnifying Party to assume defense thereof.

2. Limitation of Liability
   Except for (i) fraud, (ii) willful misconduct, or (iii) obligations expressly stated to survive divorce or death, the aggregate liability of either Party under this Agreement shall not exceed $[CAP AMOUNT] (the “Liability Cap”). The Liability Cap shall be adjusted annually on each anniversary of the Effective Date by the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U) published by the U.S. Bureau of Labor Statistics.

3. Force Majeure
   Neither Party shall be liable for failure to perform any obligation (other than payment of money or disclosure obligations) if such failure is due to causes beyond the reasonable control of the affected Party, including acts of God, war, terrorism, civil commotion, epidemic, or governmental action, provided that the affected Party gives prompt notice and uses commercially reasonable efforts to resume performance.

VIII. DISPUTE RESOLUTION

1. Governing Law
   This Agreement, and any dispute arising hereunder, shall be governed by the domestic relations and contract laws of the State of Mississippi, without regard to its conflict-of-laws principles.

2. Forum Selection
   Exclusive jurisdiction and venue for all proceedings relating to enforceability, interpretation, or modification of this Agreement shall lie in the Mississippi Family Court of [COUNTY], Mississippi, except as provided in Section VIII.3 with respect to Arbitrable Issues.

3. Arbitration of Property & Support Issues (Limited Availability)
   a. Scope. Upon mutual written agreement made after a dispute arises, any Arbitrable Issue may be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Family Law Arbitration Rules then in effect.
   b. Exclusions. Child custody, visitation, and child support matters are non-arbitrable and shall remain exclusively within the jurisdiction of the Mississippi Family Court.
   c. Injunctive Relief. Either Party may seek temporary, interim, or injunctive relief, including specific performance, from a court of competent jurisdiction without first commencing arbitration.

4. No Jury Trial
   The Parties acknowledge that Mississippi chancery (family) courts do not utilize juries for domestic-relations matters and, accordingly, no jury trial right is implicated or waived.

IX. GENERAL PROVISIONS

1. Amendment & Waiver
   No amendment, modification, or waiver of any provision of this Agreement shall be effective unless in a writing signed by both Parties and acknowledged before a notary public. A waiver on one occasion shall not constitute a continuing waiver.

2. Assignment & Delegation
   Neither Party may assign, delegate, or otherwise transfer this Agreement or any rights or obligations hereunder, whether voluntarily, involuntarily, by operation of law, or otherwise, without the prior written consent of the other Party.

3. Successors & Assigns
   This Agreement shall be binding upon, and shall inure to the benefit of, the Parties and their respective heirs, executors, administrators, personal representatives, and permitted assigns.

4. Severability & Reformation
   If any provision of this Agreement is held invalid or unenforceable, such provision shall be severed or reformed to the minimum extent necessary to render it enforceable, and the remaining provisions shall remain in full force and effect.

5. Integration / Merger
   This Agreement, including all schedules and exhibits hereto, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements or understandings, whether written or oral.

6. Counterparts & Electronic Signatures
   This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Signatures transmitted by facsimile, PDF, or other electronic means shall be deemed original signatures.

7. Sunset Provision (Optional)
   [OPTIONAL] Unless otherwise agreed in writing, this Agreement shall automatically terminate and be of no further force or effect upon the [5th / 10th / OTHER] anniversary of the Marriage, provided neither Party has filed an action to enforce this Agreement prior to such date.

[// GUIDANCE: Mississippi courts may consider a sunset clause positively when evaluating fairness at enforcement. Delete if not desired.]

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties, intending to be legally bound, have executed this Agreement as of the Effective Date set forth below.

NOTARY ACKNOWLEDGMENTS

State of Mississippi
County of [____]

On this _ day of _, 20, before me, the undersigned notary public, personally appeared [PARTY A NAME], proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged that such person executed the same for the purposes therein contained.

Notary Public: ____
My Commission Expires: __

(Repeat acknowledgment for Party B)

WITNESS ATTESTATION (if required)

Witness #1: ___ Date: _
Witness #2: ___ Date: _

SCHEDULE A

Party A Financial Disclosure
[Attach detailed statement of assets, liabilities, and income]

SCHEDULE B

Party B Financial Disclosure
[Attach detailed statement of assets, liabilities, and income]

[// GUIDANCE: Attach any additional exhibits (e.g., property lists, debt schedules, life‐insurance policy information) as needed. Confirm state‐specific witnessing and recording requirements before circulating final execution copies.]