PREMARITAL (PRENUPTIAL) AGREEMENT

Between
[NAME OF PROSPECTIVE SPOUSE A]
and
[NAME OF PROSPECTIVE SPOUSE B]

Effective Date: [DATE]
Governing Law: State of Wyoming

[// GUIDANCE: This template is drafted for use in the State of Wyoming, a non-UPAA jurisdiction. Wyoming courts will enforce a premarital agreement if the agreement (1) was entered into voluntarily, (2) is not unconscionable, and (3) was executed after fair and reasonable financial disclosure. Customize bracketed provisions, attach complete financial schedules, and secure separate counsel acknowledgments to maximize enforceability.]

TABLE OF CONTENTS

I. Recitals
II. Definitions
III. Disclosure & Acknowledgements
IV. Classification and Management of Property
V. Spousal Support & Maintenance
VI. Division of Property Upon Dissolution or Death
VII. Estate Planning Matters & Waivers
VIII. Covenants, Indemnification & Liability Caps
IX. Default, Remedies & Specific Performance
X. Dispute Resolution
XI. General Provisions
XII. Execution, Notarization & Exhibits

I. RECITALS

1.1 Impending Marriage. A and B (each, a “Party,” and together, the “Parties”) intend to marry on or about [WEDDING DATE] (the “Marriage”).
1.2 Purpose. The Parties desire, in contemplation of their upcoming Marriage and pursuant to the family laws of the State of Wyoming, to establish their respective rights and obligations regarding property, debts, income, and spousal support, both during the Marriage and upon its termination by divorce, legal separation, or death.
1.3 Consideration. The mutual promises herein and the contemplated Marriage constitute full and adequate consideration for this Agreement.
1.4 Effective Date. This Agreement becomes effective upon the solemnization of the Marriage (the “Effective Date”).

II. DEFINITIONS

For ease of reference, capitalized terms have the meanings set forth below:

“Affiliate” means, with respect to any Party, an entity that directly or indirectly controls, is controlled by, or is under common control with such Party.

“Arbitrable Dispute” has the meaning assigned in Section 10.2.

“Disclosure Schedule” means the written statement of each Party’s assets, liabilities, and income attached hereto as Exhibit A-1 (for A) and Exhibit A-2 (for B).

“Independent Counsel” means an attorney licensed to practice in any U.S. jurisdiction who has no conflict of interest in representing the Party with respect to this Agreement.

“Liability Cap” has the meaning set forth in Section 8.3.

“Marital Property” means all property designated or treated as such under Section 4.2.

“Separate Property” means all property designated or treated as such under Section 4.1.

“Triggering Event” means (a) entry of a decree of divorce or legal separation between the Parties, or (b) the death of either Party.

[// GUIDANCE: Add additional defined terms as needed for complex estates (e.g., “Closely-Held Business Interests,” “Retirement Benefits,” etc.).]

III. DISCLOSURE & ACKNOWLEDGEMENTS

3.1 Mutual Financial Disclosure. Each Party acknowledges receipt from the other of a complete and accurate Disclosure Schedule and affirms that such disclosure is fair, reasonable, and materially complete as of the date of execution.

3.2 Opportunity for Independent Counsel. Each Party affirms that:
(a) the Party has had not less than [7] calendar days to review this Agreement;
(b) the Party has had the opportunity to consult Independent Counsel of the Party’s choosing; and
(c) the Party executes this Agreement freely, voluntarily, and without duress or undue influence.

3.3 Fairness. The Parties acknowledge and agree that the substantive terms herein are not unconscionable as of the Effective Date and are consistent with Wyoming public policy.

3.4 Ongoing Duty to Supplement. Each Party shall promptly supplement its Disclosure Schedule for any material changes occurring prior to the Effective Date.

IV. CLASSIFICATION AND MANAGEMENT OF PROPERTY

4.1 Separate Property. The following shall remain the Separate Property of the owning Party:
(a) all property owned by that Party before the Marriage and identified on the Party’s Disclosure Schedule;
(b) all property acquired by that Party during the Marriage by gift, bequest, devise, or inheritance;
(c) all property acquired in exchange for or from the proceeds of Separate Property; and
(d) any appreciation, rents, profits, dividends, or other income derived from Separate Property, unless expressly transmuted in writing.

4.2 Marital Property. All property not constituting Separate Property under Section 4.1 shall be deemed Marital Property, subject to equitable division by a court of competent jurisdiction or as otherwise provided in this Agreement.

4.3 Management and Control. Each Party retains sole management and control over his or her Separate Property. Marital Property shall be managed jointly, and either Party acting reasonably may bind the Marital Property for necessaries of the family.

4.4 Transmutation. Any change in classification of property must (a) be in a duly executed writing signed by both Parties, (b) expressly reference this Section 4.4, and (c) comply with Wyoming law.

V. SPOUSAL SUPPORT & MAINTENANCE

5.1 Waiver of Alimony. Except as provided in Section 5.2, each Party irrevocably waives any right to temporary, rehabilitative, or permanent spousal support, maintenance, or alimony.

5.2 Hardship Safety Valve. If, at the time of the Triggering Event, enforcement of the waiver in Section 5.1 would render a Party eligible for public assistance or otherwise be unconscionable, the court may order support limited to the minimum amount necessary to avoid such result.

[// GUIDANCE: Wyoming courts commonly scrutinize spousal-support waivers for fairness. Consider including a sliding-scale or lump-sum support alternative in complex situations.]

VI. DIVISION OF PROPERTY UPON DISSOLUTION OR DEATH

6.1 Dissolution other than Death. Upon divorce or legal separation, each Party shall retain his or her Separate Property, and Marital Property shall be allocated as follows:
(a) Equalization Payment. The Party with the higher Net Marital Value shall pay the other Party a cash equalization amount equal to [50 percent] of the difference.
(b) In-Kind Distribution. In lieu of or in combination with an equalization payment, the Parties may agree in writing to distribute Marital Property in kind.

6.2 Death of a Party.
(a) Elective Share Waiver. Each Party waives all statutory elective-share, homestead, and similar rights in the estate of the other, except as expressly provided below.
(b) Testamentary Provisions. Each Party shall maintain a Last Will and Testament (or revocable trust) consistent with this Agreement and leaving to the surviving Party not less than [_%] of the deceased Party’s probate estate.

6.3 Retirement Benefits. Each Party shall execute any Qualified Domestic Relations Order (“QDRO”) or beneficiary designation necessary to implement this Agreement.

VII. ESTATE PLANNING MATTERS & WAIVERS

7.1 Books and Records. Each Party shall, upon reasonable request, furnish the other with documentation to facilitate estate planning consistent with this Agreement.

7.2 Insurance. [OPTIONAL] Each Party shall maintain life insurance in the minimum face amount of [$_] naming the other Party as primary beneficiary until the earlier of (i) the tenth (10th) anniversary of the Marriage or (ii) entry of a final decree of dissolution.

VIII. COVENANTS, INDEMNIFICATION & LIABILITY CAPS

8.1 Affirmative Covenants. Each Party shall:
(a) timely pay his or her Separate Debts;
(b) refrain from encumbering the other Party’s Separate Property without consent; and
(c) execute all documents reasonably necessary to carry out this Agreement.

8.2 Mutual Indemnification. Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party, and the other Party’s heirs and assigns, from any Losses arising out of or relating to (i) the Indemnifying Party’s breach of this Agreement, or (ii) the Indemnifying Party’s Separate Debts.

8.3 Liability Cap. Except for willful misconduct or fraud, the aggregate liability of either Party under Section 8.2 shall not exceed the lesser of (a) the value of that Party’s Separate Property as of the Effective Date, or (b) [$_] (the “Liability Cap”).

[// GUIDANCE: Adjust the Liability Cap to reflect client risk tolerance and asset profile; consider excluding attorney-fees awards from the cap if disfavored.]

IX. DEFAULT, REMEDIES & SPECIFIC PERFORMANCE

9.1 Events of Default. A Party shall be in default if the Party:
(a) fails to perform any material obligation under this Agreement and such failure continues for [30] days after written notice;
(b) attempts to transfer Marital Property in violation of Section 4.3; or
(c) files for relief under any insolvency law without first satisfying indemnity obligations herein.

9.2 Remedies. Upon default, the non-defaulting Party may:
(a) seek specific performance;
(b) obtain injunctive relief to prevent further breach;
(c) pursue monetary damages, subject to the Liability Cap; and
(d) recover reasonable attorneys’ fees and costs.

9.3 Cumulative Remedies. All remedies are cumulative and may be exercised concurrently.

X. DISPUTE RESOLUTION

10.1 Governing Law. This Agreement and any dispute hereunder shall be governed by, construed, and enforced in accordance with the domestic relations laws of the State of Wyoming without regard to conflict-of-laws principles.

10.2 Arbitration (Limited). Except for (i) child-support, custody, or visitation issues, and (ii) requests for injunctive relief under Section 9, any dispute arising out of Sections 4-8 (an “Arbitrable Dispute”) shall be resolved by confidential, binding arbitration administered by the American Arbitration Association under its Family Law Arbitration Rules then in effect.

10.3 Venue & Forum. For all matters not subject to arbitration, exclusive jurisdiction shall lie with the District Court of the State of Wyoming [COUNTY] County, Family Law Division. Because family-law matters in Wyoming are non-jury, no jury trial right is implicated.

10.4 Interim Relief. The arbitrator or court, as appropriate, may grant temporary, preliminary, or permanent injunctive relief, including specific performance, to enforce this Agreement.

XI. GENERAL PROVISIONS

11.1 Amendments & Waivers. No amendment or waiver of any provision shall be valid unless in a writing signed by both Parties and notarized.

11.2 Assignment. No Party may assign any interest under this Agreement without the prior written consent of the other, except by operation of law upon death.

11.3 Successors & Assigns. This Agreement binds and benefits the Parties and their respective heirs, personal representatives, and permitted assigns.

11.4 Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force, and the court shall reform the invalid provision to the minimum extent necessary to achieve the Parties’ intent.

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

11.6 Counterparts; Electronic Signatures. This Agreement may be executed in multiple counterparts, each deemed an original. Signatures transmitted by electronic means (e.g., PDF, DocuSign) shall be deemed original signatures.

XII. EXECUTION, NOTARIZATION & EXHIBITS

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

[NOTARY BLOCK – WYOMING]
State of Wyoming )
County of [COUNTY] ) ss.

On this ___ day of _, 20_, before me, the undersigned Notarial Officer, personally appeared _____ and _________, known to me or satisfactorily proven to be the persons whose names are subscribed to the foregoing instrument, and acknowledged that they executed the same for the purposes therein contained.

Notarial Officer
My commission expires: _______

EXHIBITS

Exhibit A-1: Disclosure Schedule of Prospective Spouse A
Exhibit A-2: Disclosure Schedule of Prospective Spouse B
Exhibit B: Proof of Independent Counsel Acknowledgment (optional)
Exhibit C: Life Insurance Policy Declarations (if applicable)

[// GUIDANCE: Attach detailed asset, liability, and income information. Omitting or understating assets is a primary basis for attacking enforceability in Wyoming courts.]

END OF DOCUMENT