PREMARITAL AGREEMENT
(State of Vermont – Family Division, Superior Court)
[// GUIDANCE: This template is drafted to comply with the Uniform Premarital Agreement Act as adopted in Vermont and incorporates the enforceability, disclosure, and fairness standards presently required under Vermont family law. Practitioners must customize all bracketed items, attach complete financial disclosure schedules, and confirm the parties’ independent legal representation before execution.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Separate Property
3.2 Marital Property
3.3 Management & Control of Property
3.4 Debts & Liabilities
3.5 Spousal Maintenance
3.6 Estate Planning & Death Benefits
3.7 Life Insurance
3.8 Taxes & Filing Status
3.9 Waiver of Elective Share & Other Statutory Rights - Representations & Warranties
- Covenants & Ongoing Disclosure
- Default & Remedies
- Risk Allocation
7.1 Mutual Indemnification
7.2 Limitation of Liability
7.3 Force Majeure - Dispute Resolution
- General Provisions
- Execution Block & Notarial Acknowledgment
1. DOCUMENT HEADER
This Premarital Agreement (the “Agreement”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
• [PARTY A FULL LEGAL NAME], residing at [ADDRESS] (“Party A”); and
• [PARTY B FULL LEGAL NAME], residing at [ADDRESS] (“Party B”).
Collectively, “Parties” and each individually a “Party.”
RECITALS
A. The Parties contemplate legal marriage to each other on or about [ANTICIPATED MARRIAGE DATE] in the State of Vermont.
B. The Parties desire to define their respective rights and obligations in property, income, debts, and support, both during the marriage and upon its dissolution or the death of either Party, in accordance with Vermont’s family law statutes governing premarital agreements.
C. Each Party has made a full and fair disclosure of that Party’s assets, liabilities, and income, as reflected in the attached Exhibit A (Party A Financial Schedule) and Exhibit B (Party B Financial Schedule).
D. Each Party enters into this Agreement freely, voluntarily, and upon advice of independent legal counsel or after knowingly waiving the right to such counsel.
NOW, THEREFORE, in consideration of the contemplated marriage and the mutual covenants herein, the Parties agree as follows:
2. DEFINITIONS
For purposes of this Agreement, the following terms shall have the meanings set forth below. Any capitalized term used but not defined shall have the meaning given in the relevant Section.
“Agreement” means this Premarital Agreement, including all Exhibits and any properly executed Amendments.
“Effective Date” has the meaning assigned in the Document Header.
“Marriage” means the civil marriage between the Parties that becomes effective upon issuance of a Vermont marriage license and solemnization pursuant to Vermont law.
“Marital Property” means all Property acquired by either Party during the Marriage that is not Separate Property.
“Party” or “Parties” has the meaning set out in the Document Header.
“Property” means real, personal, tangible, intangible, vested, contingent, or any other type of property interest, wherever located.
“Separate Property” has the meaning set forth in Section 3.1.
“Separate Debt” has the meaning set forth in Section 3.4.
[// GUIDANCE: Add any additional definitions required by custom provisions.]
3. OPERATIVE PROVISIONS
3.1 Separate Property
(a) The following shall constitute each Party’s “Separate Property”:
i. All Property owned by that Party as of the Effective Date, as listed on Exhibit A or Exhibit B, together with all rents, issues, profits, appreciation, and proceeds therefrom.
ii. All Property acquired by that Party after the Effective Date by gift, devise, bequest, descent, or inheritance, and all proceeds thereof.
iii. All Property acquired in exchange for, or the proceeds (including insurance proceeds) of, Separate Property.
(b) Except as expressly provided otherwise in this Agreement, each Party shall have the unrestricted right to manage, control, encumber, or dispose of his or her Separate Property without the consent of the other.
3.2 Marital Property
(a) Unless otherwise agreed in writing, all Property acquired by either Party during the Marriage that is not Separate Property shall be “Marital Property” and shall be divided [EQUITABLY / 50-50 / AS SPECIFIED] upon dissolution of Marriage.
(b) The classification of Property as Marital or Separate shall be determined at the time of acquisition and may be affected by transmutation or commingling only to the extent provided by Vermont law or by written instrument signed by both Parties.
3.3 Management & Control of Property
During the Marriage, each Party may hold title to any Property in that Party’s individual name, in joint tenancy, tenancy by the entirety, or any other form. Title presumptions shall not override the explicit classifications herein.
3.4 Debts & Liabilities
(a) “Separate Debt” means any debt or liability:
i. Incurred by a Party prior to the Marriage; or
ii. Incurred after the Marriage that is expressly in furtherance of that Party’s Separate Property or solely in that Party’s name.
(b) Separate Debt shall remain the sole responsibility of the incurring Party, who shall indemnify and hold harmless the other Party.
(c) “Marital Debt” means any debt incurred jointly or for the mutual benefit of the Parties. Allocation of Marital Debt upon dissolution shall mirror the allocation of Marital Property unless otherwise agreed.
3.5 Spousal Maintenance
(a) In the event of a decree of divorce or legal separation, neither Party shall seek nor receive spousal maintenance except as follows:
i. [DESCRIBE AGREED MAINTENANCE, IF ANY]; or
ii. A Vermont court may modify or decline to enforce this waiver if, at the time of enforcement, the waiver would render a Party eligible for public assistance or would otherwise be unconscionable under Vermont law.
(b) Any maintenance agreed herein shall be the sole and exclusive remedy for support between the Parties, subject to subsection (a)(ii).
3.6 Estate Planning & Death Benefits
(a) Each Party waives, releases, and relinquishes any and all rights to an elective share, intestate share, homestead, dower or curtesy, and any other statutory interest arising by reason of the Parties’ Marriage, except as expressly stated below.
(b) The Parties shall execute all testamentary instruments reasonably necessary to effectuate this Section.
3.7 Life Insurance
Each Party may, but is not required to, maintain life insurance naming the other Party as beneficiary. Any such requirement shall be set forth in Schedule 1 [INSERT IF APPLICABLE].
3.8 Taxes & Filing Status
The Parties shall confer annually regarding election of “married filing jointly” or “married filing separately,” taking into account tax efficiencies and disclosure obligations.
3.9 Waiver of Elective Share & Other Statutory Rights
Each Party acknowledges that Vermont law grants spouses certain statutory rights in a decedent spouse’s estate. Except as otherwise provided herein, each Party knowingly and voluntarily waives such rights to the fullest extent permitted by law.
[// GUIDANCE: Practitioners should cross-check estate waivers against current Vermont probate statutes.]
4. REPRESENTATIONS & WARRANTIES
Each Party represents, warrants, and covenants to the other that, as of the Effective Date and continuing until the Marriage:
4.1 Capacity & Voluntariness. The Party is at least 18 years of age, of sound mind, and entering this Agreement freely and voluntarily, without duress, coercion, or undue influence.
4.2 Independent Counsel. The Party has received independent legal advice regarding this Agreement or has knowingly and voluntarily waived such right after full opportunity to consult counsel.
4.3 Full Disclosure. The Party has made a full and fair disclosure of that Party’s assets, liabilities, and income in the attached Financial Schedule and affirms that such disclosure is accurate, complete, and not materially misleading.
4.4 No Conflicting Obligations. The execution and delivery of this Agreement does not violate any other agreement or court order binding upon the Party.
4.5 Continuing Accuracy. The representations and warranties herein shall survive the execution of this Agreement and the solemnization of the Marriage.
5. COVENANTS & ONGOING DISCLOSURE
5.1 Each Party shall promptly disclose in writing any material change (> $[THRESHOLD]) in assets, liabilities, or income that occurs between the Effective Date and the date of Marriage.
5.2 The Parties covenant to execute and deliver any additional instruments and take such further action as may be reasonably necessary to carry out the intent of this Agreement.
5.3 Notice & Cure. A Party alleging breach shall provide written notice specifying the breach and allow a [30]-day cure period before initiating enforcement proceedings.
6. DEFAULT & REMEDIES
6.1 Events of Default. A Party commits an “Event of Default” by:
(a) Material breach of any covenant, representation, or warranty herein;
(b) Failure to comply with a Vermont Family Division order incorporating this Agreement; or
(c) Fraudulent nondisclosure of assets or liabilities.
6.2 Remedies. Upon an Event of Default, the non-breaching Party may seek:
(a) Specific performance or injunctive relief;
(b) Monetary damages limited as set forth in Section 7.2;
(c) Reallocation of attorney’s fees and costs as provided below.
6.3 Attorney’s Fees. The prevailing Party in any enforcement action shall be entitled to reasonable attorney’s fees and costs.
7. RISK ALLOCATION
7.1 Mutual Indemnification
Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party (“Indemnified Party”) from any claim, loss, or expense (including attorney’s fees) arising out of:
(a) the Indemnifying Party’s Separate Debt;
(b) breach of this Agreement; or
(c) misrepresentation in the attached Financial Schedules.
7.2 Limitation of Liability
Except for fraud, willful misconduct, or obligations expressly designated as unlimited, each Party’s aggregate liability to the other under this Agreement shall not exceed $[CAP AMOUNT] or the value of that Party’s Separate Property, whichever is greater.
7.3 Force Majeure
No Party shall be liable for non-performance caused by events beyond reasonable control (“Force Majeure Events”), provided that the affected Party gives prompt notice and uses diligent efforts to resume performance.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Agreement shall be governed by and construed in accordance with the domestic relations laws of the State of Vermont, without regard to conflict-of-laws rules.
8.2 Forum Selection. Any proceeding relating to the validity, interpretation, or enforcement of this Agreement shall be filed exclusively in the Family Division of the Vermont Superior Court having proper venue.
8.3 Arbitration – Limited Availability.
(a) Subject to subsection (b), any dispute arising solely from the valuation or classification of Property may, by mutual written consent after such dispute arises, be submitted to confidential binding arbitration under the rules of [ARBITRATION SERVICE].
(b) Matters relating to (i) child custody or support, (ii) enforceability of spousal maintenance waivers, or (iii) other issues non-arbitrable under Vermont law shall remain within the exclusive jurisdiction of the Family Division.
8.4 Jury Waiver. The Parties acknowledge that family-related issues in Vermont are adjudicated without a jury. To the extent a jury could otherwise be available, each Party knowingly waives such right.
8.5 Injunctive Relief. Nothing herein shall restrict a Party’s right to seek provisional or emergency injunctive relief from a court of competent jurisdiction.
9. GENERAL PROVISIONS
9.1 Amendments & Waivers. No amendment or waiver of any provision of this Agreement shall be valid unless in a written instrument signed by both Parties and acknowledged in the same manner as this Agreement.
9.2 Assignment. This Agreement addresses personal rights and obligations and may not be assigned or delegated by either Party without written consent of the other, except by operation of law upon death.
9.3 Successors & Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, executors, administrators, and permitted assigns.
9.4 Severability & Reformation. If any provision is held invalid, illegal, or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to comply with Vermont law while effectuating the Parties’ intent.
9.5 Integration. This Agreement, including all Exhibits, constitutes the entire understanding between the Parties and supersedes all prior oral or written agreements relating to the subject matter herein.
9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is an original and all of which constitute one instrument. Signatures transmitted electronically (e.g., via PDF, DocuSign) shall be deemed original for all purposes.
9.7 Effective Upon Marriage. Pursuant to Vermont law, this Agreement shall become effective only upon the solemnization of the Parties’ Marriage. If the Marriage does not occur within [ONE YEAR] of the Effective Date, this Agreement shall be null and void unless the Parties otherwise agree in writing.
10. EXECUTION BLOCK & NOTARIAL ACKNOWLEDGMENT
IN WITNESS WHEREOF, the Parties have executed this Premarital Agreement as of the dates set forth below.
[PARTY A NAME] – “Party A”
Date: _____
[PARTY B NAME] – “Party B”
Date: _____
STATE OF VERMONT )
COUNTY OF ____ ) SS.
On this _ day of _, 20___, before me, the undersigned Notary Public, personally appeared [PARTY A NAME] and [PARTY B NAME], known to me (or satisfactorily proven) to be the persons whose names are subscribed to the foregoing instrument, and each acknowledged that they executed the same for the purposes therein contained and that they did so voluntarily for their respective uses and purposes.
Notary Public
My Commission Expires: ____
[// GUIDANCE: Vermont law presently requires acknowledgment for enforceability but does not mandate witnesses. Practitioners may add witness lines if desired or if another jurisdiction’s law may later apply.]
EXHIBIT A
Party A Financial Schedule
[// GUIDANCE: Attach detailed, itemized list of assets (with estimated fair market values), liabilities, income sources, and contingent interests.]
EXHIBIT B
Party B Financial Schedule
[// GUIDANCE: Same as Exhibit A for Party B.]
SCHEDULE 1 (If Applicable)
Life Insurance Requirements
[// GUIDANCE: Prior to presenting for signature, confirm the following checklist:
1. Independent counsel certificates or express written waivers.
2. Complete, signed financial schedules attached.
3. Notary available at signing ceremony.
4. Counsel has reviewed enforceability in light of any recent statutory amendments.]