Prenuptial Agreement - Wyoming

WYOMING PRENUPTIAL AGREEMENT

COMPLETION AND REVIEW GATE

Party A counsel: [________________________________]

Party B counsel: [________________________________]

First complete draft delivered to Party A: [__/__/____]

First complete draft delivered to Party B: [__/__/____]

Party A disclosure delivered: [__/__/____]

Party B disclosure delivered: [__/__/____]

Planned marriage date: [__/__/____]

Execution date: [__/__/____]

☐ Each Party received the final Agreement and every schedule before signing.

☐ Each Party had a meaningful opportunity to review, negotiate, and obtain separate legal advice.

☐ Each Party supplied a current written statement of property, income, debts, guarantees, and material contingent interests.

☐ Material valuations, tax issues, retirement benefits, business interests, trusts, estate rights, and non-Wyoming property were separately reviewed where applicable.

☐ No threat, concealed information, withheld schedule, wedding deadline, or undisclosed side promise is being used to obtain a signature.

STOP: Do not sign if a schedule is incomplete, a material fact is disputed, either Party wants more information, or either Party wants more time or advice.

1. PARTIES, PURPOSE, AND EFFECTIVE DATE

This Prenuptial Agreement ("Agreement") is signed on [__/__/____] by:

Party A: [FULL LEGAL NAME], residing at [ADDRESS]

Party B: [FULL LEGAL NAME], residing at [ADDRESS]

The Parties contemplate marriage to each other on or about [__/__/____]. They intend this Agreement to identify property and financial rights between them if they marry.

Wyo. Stat. § 1-23-105(a)(iii) requires an agreement made upon consideration of marriage to be in writing and subscribed by the party to be charged. This Agreement becomes effective only when the Parties marry each other. If the contemplated marriage does not occur, it does not become effective.

Wyoming treats an antenuptial agreement as a contract. Laird v. Laird, 597 P.2d 463, 468 (Wyo. 1979); Lund v. Lund, 849 P.2d 731, 739-40 (Wyo. 1993). The Parties therefore intend every completed term and schedule to be clear, deliberate, and consistent with the disclosures and review record.

2. FINANCIAL DISCLOSURE

2.1 Attached Disclosures

Party A's disclosure is attached as Schedule A. Party B's disclosure is attached as Schedule B. Each schedule must identify, with a current value or good-faith estimate:

• Real and personal property;
• Cash, investments, digital assets, and financial accounts;
• Business, partnership, trust, and contingent interests;
• Retirement, deferred-compensation, equity-compensation, and insurance interests;
• Income and material expected income;
• Mortgages, taxes, loans, guarantees, support obligations, litigation exposure, and other financial obligations; and
• The valuation date, valuation source, and any material uncertainty.

2.2 Acknowledgments

Each Party acknowledges that the Party:

☐ Reviewed the other Party's complete schedule and supporting information requested by that Party or counsel.

☐ Asked all questions the Party considered necessary and received responses before signing.

☐ Identified any disputed, estimated, contingent, jointly owned, or difficult-to-value item on the applicable schedule.

☐ Is not relying on an oral promise or financial representation omitted from this Agreement or its schedules.

2.3 Changes Before Marriage

Each Party will promptly disclose a material change occurring before marriage in a dated written supplement delivered with enough time for review. Incorporated supplements: [LIST / NONE].

3. AGREED PROPERTY CLASSIFICATION

The labels in this Agreement allocate rights between the Parties. They do not by themselves bind creditors, taxing authorities, retirement plans, insurers, business entities, trustees, title holders, or other third parties.

3.1 Party A Agreement Separate Property

Property identified for Party A in Schedule A, together with the following traceable proceeds, replacements, or agreed categories, will be Party A's separate property under this Agreement:

[________________________________]

3.2 Party B Agreement Separate Property

Property identified for Party B in Schedule B, together with the following traceable proceeds, replacements, or agreed categories, will be Party B's separate property under this Agreement:

[________________________________]

3.3 Shared Property by Agreement

The following property, accounts, acquisitions, contributions, or categories will be treated as shared property between the Parties:

[________________________________]

3.4 Earnings, Income, Appreciation, and Contributions

Complete each material category. Do not rely on a generic rule when active labor, retained business earnings, distributions, mixed contributions, or shared debt may affect the intended result.

3.5 Joint Title, Commingling, and Reclassification

Effect of joint title: [________________________________]

Effect of commingling while an asset remains traceable: [________________________________]

Effect of shared funds or labor applied to separate property: [________________________________]

Method for later reclassification: [________________________________]

The Parties will document any intended gift, loan, contribution, reimbursement right, or reclassification involving a material asset. The record should identify the asset, source of funds, ownership after the transaction, and valuation method.

4. MANAGEMENT, TRANSFERS, AND RECORDS

Party A's authority over Party A Agreement Separate Property: [________________________________]

Party B's authority over Party B Agreement Separate Property: [________________________________]

Approval required for shared-property transactions: [________________________________]

Accounts and titles to be maintained: [________________________________]

Annual or event-based records and statements: [________________________________]

Treatment of loans, gifts, or transfers between the Parties: [________________________________]

The Parties will complete every deed, beneficiary designation, plan consent, trust amendment, entity approval, tax filing, or other instrument identified by counsel. The responsible Party and timing for each separate instrument are listed in Schedule D.

5. FINANCIAL OBLIGATIONS AND TAX MATTERS

5.1 Existing Obligations

Each Party's existing mortgages, loans, taxes, guarantees, support obligations, and contingent liabilities must appear in Schedule A or B. Between the Parties, responsibility is allocated as follows:

5.2 Obligations During Marriage

Individually incurred obligations: [________________________________]

Household obligations: [________________________________]

Jointly signed obligations: [________________________________]

Business obligations and guarantees: [________________________________]

Tax obligations: [________________________________]

This allocation operates between the Parties. It does not release a Party from an obligation owed to a creditor, create a lien, authorize self-help, or bind a creditor that is not a party.

5.3 Tax Matters

The Parties will make tax-filing elections when returns are prepared with current tax advice. This Agreement does not determine a taxing authority's treatment.

Allocation of tax liabilities, refunds, estimated payments, audits, and professional fees: [________________________________]

6. SPOUSAL SUPPORT

Wyo. Stat. § 20-2-114(a) permits a divorce court to decree reasonable alimony having regard for the other Party's ability to pay. Select one option only after separate Wyoming counsel reviews the Parties' circumstances and the proposed provision:

☐ Rights reserved. This Agreement does not modify or eliminate either Party's right to request alimony under the law applicable when relief is requested.

☐ Custom provision. Spousal support is addressed in Schedule C, including the amount or formula, duration, termination events, assumptions, and any security, subject to a court's determination of validity and enforceability.

☐ Proposed mutual waiver. Each Party proposes to waive alimony from the other as stated in Schedule C, subject to separate counsel's written review and a court's determination of validity and enforceability.

This form does not create a model-act public-assistance exception, promise that later hardship will modify a waiver, or predetermine a court's enforcement decision.

7. DEATH, ESTATE, AND INSURANCE PROVISIONS

Select one route only after estate-planning review:

☐ No death-right waiver is made in this Agreement. Each Party reserves rights arising at the other's death unless changed by a later valid instrument.

☐ Party A makes the specific waiver stated in Schedule E: [________________________________]

☐ Party B makes the specific waiver stated in Schedule E: [________________________________]

Wyo. Stat. § 2-5-102 permits a prospective spouse, after fair disclosure, to sign a written total or partial waiver of elective-share, homestead-allowance, exempt-property, and family-allowance rights. Because broad "all rights" language can also reach intestate and pre-waiver will benefits, Schedule E must identify each waived and reserved right and the disclosure supporting the waiver.

Will, trust, or transfer-on-death obligation: [________________________________]

Life-insurance ownership and beneficiary obligation: [________________________________]

Residence, occupancy, purchase-option, or buyout provision: [________________________________]

Separate instruments, consents, disclosures, and funding required: [________________________________]

This Agreement does not itself change a beneficiary designation, deed, transfer-on-death registration, will, trust, or retirement-plan record.

8. CHILDREN AND FAMILY MATTERS

This Agreement does not determine or limit child support, parentage, custody, decision-making, parenting time, relocation, or a child's best interests. Any present intentions concerning those subjects are nonbinding planning notes only:

[________________________________]

9. VOLUNTARINESS AND EXECUTION RECORD

Each Party states that the Party:

☐ Is signing voluntarily and may decline to sign.

☐ Has capacity to understand the Agreement.

☐ Received and reviewed the final Agreement and all schedules.

☐ Had a meaningful opportunity for separate legal advice.

☐ Understands the property, support, death, and dispute provisions selected.

☐ Has not relied on an undisclosed promise about the marriage, wedding, property, support, inheritance, or enforcement.

☐ Has completed or crossed out every blank affecting the Party's rights.

Additional facts relevant to review, disclosure, negotiation, or voluntariness: [________________________________]

10. AMENDMENT OR REVOCATION

Any amendment or revocation must be in a signed writing that clearly identifies this Agreement and the provision changed or revoked. Wyoming counsel should prepare the change and coordinate affected estate, title, beneficiary, tax, retirement-plan, trust, and business records.

This Agreement may not be changed by an oral statement, informal course of conduct, or unilateral notice. Notarization is optional in this form and is not represented as a statutory prerequisite under § 1-23-105.

11. INTERPRETATION AND DISPUTE ADMINISTRATION

Construction clause: Wyoming law governs construction of this Agreement, subject to mandatory law governing a person, asset, plan, third party, or proceeding.

Notice address for Agreement-related communications: [________________________________]

Good-faith meeting or mediation procedure, if desired: [________________________________]

Court and county, subject to jurisdiction and venue law when a proceeding is filed: [________________________________]

No arbitration clause, jury waiver, automatic prevailing-party fee clause, liability cap, bond waiver, cure period, force-majeure clause, or predetermined injunction is included. Any such provision requires a separately researched and counsel-approved addendum that preserves nonwaivable family-law issues and court authority.

If a provision is unenforceable, the Parties request enforcement of remaining provisions only to the extent a court determines that the Agreement and remaining terms may lawfully operate.

12. COMPLETE AGREEMENT AND COPIES

This Agreement and Schedules A-E state the Parties' complete premarital financial agreement. No recital, schedule, or drafting label overrides Wyoming's governing statutes or enforcement principles.

Each Party will receive a complete signed copy, including every schedule and incorporated supplement, promptly after execution.

13. SIGNATURES

PARTY A

Signature: ______________________________________________

Printed name: [________________________________]

Date: [__/__/____]

PARTY B

Signature: ______________________________________________

Printed name: [________________________________]

Date: [__/__/____]

Optional Notary Acknowledgment — Party A

State of Wyoming

County of [________________________________]

This instrument was acknowledged before me on [__/__/____] by [PARTY A NAME].

Signature of notarial officer: __________________________________

Title / rank: [________________________________]

Commission expiration, if any: [__/__/____]

Optional Notary Acknowledgment — Party B

State of Wyoming

County of [________________________________]

This instrument was acknowledged before me on [__/__/____] by [PARTY B NAME].

Signature of notarial officer: __________________________________

Title / rank: [________________________________]

Commission expiration, if any: [__/__/____]

SCHEDULE A — PARTY A FINANCIAL DISCLOSURE

Party A contingent interests, guarantees, expected inheritances, claims, and material unknowns: [________________________________]

SCHEDULE B — PARTY B FINANCIAL DISCLOSURE

Party B contingent interests, guarantees, expected inheritances, claims, and material unknowns: [________________________________]

SCHEDULE C — SPOUSAL-SUPPORT PROVISION

Selected route and complete provision: [________________________________]

Facts and assumptions supporting the provision: [________________________________]

Party A counsel review: [NAME / DATE / NOTES]

Party B counsel review: [NAME / DATE / NOTES]

SCHEDULE D — IMPLEMENTING INSTRUMENTS

SCHEDULE E — DEATH-RIGHT PROVISION OR WAIVER

No waiver / Party A waiver / Party B waiver / mutual provisions: [SELECT]

Rights expressly waived: [________________________________]

Rights expressly reserved: [________________________________]

Fair disclosure supporting each waiver: [________________________________]

Estate-planning counsel and review date: [________________________________]

Separate instruments required: [________________________________]

SOURCES AND REFERENCES

• Wyo. Stat. § 1-23-105: https://wyoleg.gov/statutes/compress/title01.pdf
• Wyo. Stat. § 20-2-114: https://wyoleg.gov/statutes/compress/title20.pdf
• Wyo. Stat. § 2-5-102: https://wyoleg.gov/statutes/compress/title02.pdf
• Laird v. Laird, 597 P.2d 463 (Wyo. 1979)
• Lund v. Lund, 849 P.2d 731 (Wyo. 1993)