1 <!DOCTYPE html PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN">
\r
4 <title>Premarital Agreement</title>
\r
5 <meta http-equiv="content-type"
\r
6 content="text/html; charset=ISO-8859-1">
\r
7 <meta name="author" content="Andrew DeFaria">
\r
10 <h1 style="text-align: center;">Premarital Agreement</h1>
\r
11 Andrew P. DeFaria (hereinafter referred to as "Andrew") and Olga A. Fedoryaka
\r
12 (hereinafter referred to as "Olga") enter into and agree to the terms of
\r
13 this Premarital Agreement (hereinafter referred to as "Agreement"); in contemplation
\r
14 of their pending marriage which is schedule to occur in the State of California
\r
15 on <span style="text-decoration: underline;">
\r
16 </span> 2002.<br>
\r
18 <h2 style="text-align: center;">Recitals</h2>
\r
20 <li>Andrew is a citizen of the United States; whose occupation is that
\r
21 of a Computer Systems Administrator. Andrew's is currently employed by Salira
\r
22 Optical Network Systems with an annual salary of approximately $80,000 per
\r
24 <li>Olga is a citizen of Ukraine and was currently unemployed.</li>
\r
25 <li>Andrew traveled to Ukraine for the purposes of meeting a suitable wife
\r
26 and met Olga, became romantically involved, are now engaged and contemplate
\r
27 marriage in the State of California on <span
\r
28 style="text-decoration: underline;">
\r
29 </span> 2002.</li>
\r
30 <li>In September of 2000, Andrew prepared documents to allow Olga to obtain
\r
31 a fiancée visa which would enable her to travel to the United States.</li>
\r
32 <li>Due to some difficulties with the Immigration and Naturalization Service,
\r
33 Olga arrived in the United States on May 2, 2002. Olga's fiancée visa
\r
34 was issued on or about April 29, 2002, and expires on or about July 29, 2002.
\r
35 Andrew and Olga acknowledge that it is not possible to extend Olga's fiancée
\r
36 visa and that she would be required to return to Ukraine unless she and Andrew
\r
37 marry prior to the expiration of Olga's fiancée visa.</li>
\r
38 <li>In contemplation of their pending marriage, Andrew and Olga have agreed
\r
39 to prepare and execute a Premarital Agreement. In addition both Andrew and
\r
40 Olga acknowledge and agree that this Premarital Agreement shall become effective
\r
41 on the date of their marriage.</li>
\r
43 Now, and in contemplation and consideration of their pending marriage and
\r
44 in further consideration of the covenants and provisions set forth herein,
\r
45 Andrew and Olga agree that:<br>
\r
47 <li>Andrew's usual occupation is that of a Computers Systems Administrator
\r
48 and Olga's usual occupation is that of unemployed. Andrew's average annual
\r
49 gross income, while employed by Salira Optical Network Systems is $80,000
\r
50 per year. Olga's average annual gross income, while in the Ukraine, was $0
\r
51 per year. Olga is not presently employed in this country. Based on this history,
\r
52 Andrew and Olga acknowledge and agree that Olga's standard of living, when
\r
53 compared with that which she became accustomed to in Ukraine will be substantially
\r
54 and significantly improved upon her marriage to Andrew and her continued
\r
55 residency in the United States of America, with Andrew, as his wife.</li>
\r
56 <li>Andrew has acquired certain property, accounts and assets (see Exhibit
\r
57 A), some of which are income producing and some of which increase in value
\r
58 with the passage of time. These items of property and these assets belong
\r
59 to Andrew, alone. Olga does not make any claim to these items of property
\r
60 and assets; nor will she make any claim with regard to an ownership interest
\r
61 or an interest of any kind or nature whatsoever in these items of property
\r
62 and assets after and/or during her marriage to Andrew. The property and assets
\r
63 referred to in this paragraph which belong to Andrew, alone, are listed on
\r
64 Exhibit A to this Premarital Agreement. In summary, these assets and property
\r
65 are and shall remain Andrew's sole and separate property.</li>
\r
66 <li>Olga has acquired certain property and assets (see Exhibit B); These
\r
67 items of property and these assets belong to Olga, alone. Andrew does not
\r
68 make any claim to these items of property and assets; nor will he make any
\r
69 claim with regard to an ownership interest or an interest of any kind or
\r
70 nature whatsoever in these items of property and assets after and/or during
\r
71 his marriage to Olga. The property and assets referred to in this paragraph
\r
72 which belong to Olga, alone, are listed in Exhibit B to this Premarital Agreement.
\r
73 In summary, these assets and property are and shall remain Olga's sole and
\r
74 separate property.</li>
\r
75 <li>Olga has no debts. Andrew has detailed in Exhibit C. The monthly mortgage
\r
76 payment on Andrew's home located at 6187 Ellerbrook Way, San Jose, California,
\r
77 is approximately $3000 per month. Andrew pays, on a regular monthly basis,
\r
78 any normal usual and customary debts that are incurred as and for Andrew
\r
79 and Olga's normal and customary living expenses. Andrew's debt of approximately
\r
80 $400,000 is his sole and separate debt; Olga has no responsibility for this
\r
82 <li>After their marriage, Andrew and Olga agree that the property and assets
\r
83 identified on Exhibit A to this agreement shall continue to be owned by Andrew
\r
84 alone. Andrew will continue to maintain these various items of property and
\r
85 assets in his name alone. Any increase in value, if any, and any dividends,
\r
86 income and/or profits which result from the property and assets listed on
\r
87 Exhibit A, or any sale of them, shall continue to belong to Andrew alone.
\r
88 Andrew and Olga further agree that the personal efforts or other services
\r
89 expended by Andrew, Olga or the two of them in the preservation, conservation
\r
90 and management of Andrew's property and assets (those items listed on Exhibit
\r
91 A) shall not create a community property interest in any of the assets and/or
\r
92 property listed on Exhibit A; regardless of whether or not compensation is
\r
93 received for any services expended by Andrew, Olga or the two of them.<br>
\r
95 Andrew and Olga also agree and acknowledge that certain "monies earned" during
\r
96 the course of their marriage, resulting from compensation paid to either
\r
97 or both of them, either as employees or as independent contractors, may be
\r
98 used to make payments on the residence located at 6187 Ellerbrook Way, San
\r
99 Jose, California; to improve this residence and/or to maintain this residence.
\r
100 Andrew and Olga both waive any claim to their marital community for the reimbursement
\r
101 of funds so used and further waive any claim with regard to any increase
\r
102 in value of the property and residence located at 6187 Ellerbrook Way, San
\r
103 Jose, for any funds used to maintain this property and residence, to improve
\r
104 it or which results in an increase in its value.<br>
\r
106 Olga shall and does waive all provisions of community property law and domestic
\r
107 relations law of the State of California, if any, which are contrary to this
\r
108 paragraph as it pertains to the assets and property listed on Exhibit A.<br>
\r
110 In addition, Olga waives any claim of an ownership interest of any kind or
\r
111 nature whatsoever in and to any items of property and/or assets which are
\r
112 acquired or purchased using any monies, dividends, income and/or profits
\r
113 resulting from the sale, trade and/or liquidation of any of the items of
\r
114 property and assets listed on Exhibit A. Such additional times of property
\r
115 and assets shall continue to be the sole and separate property of Andrew
\r
116 and shall continue to belong to Andrew, alone.</li>
\r
117 <li>Andrew has the right to buy, sell, use, transfer, exchange, abandon,
\r
118 lease, consume, expend, assign or create a security interest in, mortgage,
\r
119 encumber, dispose of or otherwise manage and control the property and assets
\r
120 listed on Exhibit A without the consent or authorization of Olga. Olga has
\r
121 the right to buy, sell, use, transfer, exchange, abandon, lease, consume,
\r
122 expend, assign or create a security interest in, mortgage, encumber, dispose
\r
123 of or otherwise manage and control the property and assets listed on Exhibit
\r
124 B without the consent or authorization of Andrew.</li>
\r
125 <li>Andrew and Olga have agreed that any "monies earned" by either of them
\r
126 after marriage shall be, and are, community property. For purposes of this
\r
127 Agreement, the term "monies earned" shall mean compensation paid to Andrew
\r
128 or Olga for services rendered to an employer; or in the course of self-employment
\r
129 by either of them as an independent contractor. The term "monies earned"
\r
130 used in this paragraph and in this Agreement shall not include increases
\r
131 in value, dividends, income, or profits resulting from the property and assets
\r
132 or sale of the property and assets listed on Exhibit A of this Agreement.</li>
\r
133 <li>Both Andrew and Olga have executed this agreement voluntarily. Both
\r
134 Andrew and Olga agree that the terms of this Agreement are fair, reasonable
\r
135 and equitable to both and each of them; taking into consideration the history
\r
136 of their relationship, their respective income earning abilities, their respective
\r
137 earning history, the property and assets that each of them have acquired
\r
138 as of the date of the execution of this Agreement and their intended marriage
\r
139 on <span style="text-decoration: underline;">
\r
140 </span> 2002.</li>
\r
141 <li>Both Andrew and Olga agree that each of them has been provided with
\r
142 a fair and reasonable disclosure of the property and/or financial obligations
\r
143 of the other party to this Agreement. Both Andrew and Olga voluntarily and
\r
144 expressly waive, by signing this Agreement, any right to any further disclosure
\r
145 of the property or financial obligations of each other; beyond the disclosure
\r
146 and information provided in this Agreement. Both Andrew and Olga presently
\r
147 have adequate knowledge of the property and/or financial obligations of each
\r
149 <li>This agreement shall control the disposition of the assets and property
\r
150 listed on Exhibits A and B; and the disposition of any monies earned during
\r
151 the marriage of the parties. The law of the State of California shall govern
\r
152 and control the construction of this Agreement; even if the parties reside
\r
153 in another state or another country.</li>
\r
154 <li>With regard to the payment of spousal maintenance (financial support
\r
155 to Olga from Andrew), Andrew and Olga agree that:</li>
\r
156 <ol style="list-style-type: lower-alpha;">
\r
157 <li>The terms of this paragraph 11 and its subparts shall control and
\r
158 resolve any questions and/or claims for spousal maintenance.</li>
\r
159 <li>Olga waives any other different or further claims as and for spousal
\r
160 maintenance; to which she might otherwise be entitled under the principles
\r
161 of the community property law and/or the laws of the State of California,
\r
162 except as provided in this paragraph 11 and its subparts</li>
\r
163 <li>Olga waives and shall receive no spousal maintenance from Andrew
\r
164 if, at the time of the filing of a Petition for Legal Separation or the filing
\r
165 of a Petition for Dissolution of the parties' marriage, Olga is earning,
\r
166 is capable of earning or receives a gross income in the amount of $2500 per
\r
167 month or more.</li>
\r
168 <li>If Olga is not earning, receiving or is not capable of earning gross
\r
169 income in the amount of $2500 per month or more at the time of the filing
\r
170 of a Petition for Legal Separation or the filing of a Petition for Dissolution
\r
171 of Marriage, by either Andrew or Olga, Olga shall receive spousal maintenance
\r
172 in the following amounts and for the following specified periods of time.</li>
\r
173 <ol style="list-style-type: lower-roman;">
\r
174 <li>If the parties have been married for less than three (3) years,
\r
175 no sums of money shall be paid by Andrew to Olga for spousal maintenance</li>
\r
176 <li>If the parties have been married for more than three (3) but less
\r
177 than five (5) years, Andrew shall pay spousal maintenance to Olga, each month,
\r
178 for a period of twelve (12) months, in an amount equal to 1% of all "monies
\r
179 earned" by Andrew on an annual basis. As an example: if Andrew's total "monies
\r
180 earned" on an annual bases were $80,000 per year and the parties have had
\r
181 been married for four (4) years, Andrew would pay spousal maintenance to
\r
182 Olga in the amount of $800 per month for a period of twelve (12) months.</li>
\r
183 <li>If the parties have been married for a period of time greater than
\r
184 five (5) years but less than fifteen (15) years, Andrew shall pay spousal
\r
185 maintenance to Olga, each month, for a period of eighteen (18) months, in
\r
186 the amount equal to 1.5% of all "monies earned" by Andrew, on an annual basis.
\r
187 As an example: if Andrew's total "monies earned" on an annual basis were
\r
188 $80,000 per year and the parties have had been married for six (6) years,
\r
189 Andrew would pay spousal maintenance to Olga in the amount of $1,200 per
\r
190 month for a period of eighteen (18) months.</li>
\r
191 <li>If the parties have been married for a period of time in excess
\r
192 of fifteen (15) years, Andrew shall pay spousal maintenance to Olga, each
\r
193 month, for a period of twenty-four (24) months, in the amount equal to 2%
\r
194 of all "monies earned" by Andrew, on an annual basis. As an example: if Andrew's
\r
195 total "monies earned" on an annual basis were $80,000 per year and the parties
\r
196 have had been married for seventeen (17) years, Andrew would pay spousal
\r
197 maintenance to Olga in the amount of $1,600 per month for a period of twenty-four
\r
199 <li>The term "monies earned," as used in the paragraph 11 and its subparts
\r
200 and as used to define and quantify the amount of spousal maintenance to be
\r
201 paid by Andrew to Olga, means compensation for services paid to Andrew for
\r
202 services rendered to an employer, or in the course of self-employment as
\r
203 an independent contractor. The term "monies earned" as used in paragraph
\r
204 11 and its subparts shall not include increases in value, dividends, income,
\r
205 or profits resulting from the property and assets, or the sale of property
\r
206 and assets listed on Exhibit A to this Agreement.</li>
\r
207 <li>Andrew and Olga agree that these provisions with regard to the
\r
208 payment of spousal maintenance from Andrew to Olga are non-modifiable both
\r
209 as to the amount of spousal maintenance to be paid and as to the period of
\r
210 time during which it shall be paid. Both Andrew and Olga Expressly waive
\r
211 any jurisdictional authority of any court of competent jurisdiction to in
\r
212 anyway effect a modification of the provisions in this Agreement with regard
\r
213 to the payment of spousal maintenance, and further specifically waive the
\r
214 right of any court to retain jurisdiction to do so. The only exception to
\r
215 the non-modifiability of the provisions for the payment of spousal maintenance
\r
216 as contained in this agreement is the death of Olga, and/or the death of
\r
217 Andrew. Andrew's obligation to pay spousal maintenance, if in any amount,
\r
218 pursuant to the provisions of this Agreement shall terminate upon the death
\r
219 of Olga and/or the death of Andrew.</li>
\r
220 <li>The payment of spousal maintenance as provided in this Agreement
\r
221 shall qualify as "alimony or separate maintenance" pursuant to Section 71
\r
222 of the Internal Revenue Code, and payments made pursuant to this Agreement
\r
223 shall be includable in Wife's income and deductible from Husband's income.</li>
\r
226 <li>Each party has had the opportunity to seek and has had the benefit
\r
227 of the advice of independent legal counsel; with regard to the review and
\r
228 execution of this Premarital Agreement. Andrew has sought and received the
\r
229 advice of his attorney, <span style="text-decoration: underline;">
\r
230
\r
231 </span>. Olga has sought
\r
232 and received the advise of her attorney, <span
\r
233 style="text-decoration: underline;">
\r
234 </span>. Both counsel are recognized
\r
235 by the State Bar of California as certified specialists with regard to domestic
\r
236 relations law. In order to ensure that Olga received independent and competent
\r
237 representation with regard to her review and execution of this Premarital
\r
238 Agreement, Andrew has agreed to and has paid Olga's legal fees incurred through
\r
239 the offices of <span style="text-decoration: underline;">
\r
240 </span>.
\r
241 Notwithstanding the source of payment for Olga's attorney's fees, the parties
\r
242 acknowledge that <span style="text-decoration: underline;">
\r
243
\r
244 </span> is an attorney selected to and who has
\r
245 provided Olga with independent legal advice concerning the review and execution
\r
246 of this Premarital Agreement.</li>
\r
247 <li>Due do the fact that Olga is not fluent in the English language, Andrew
\r
248 has also agreed to provide and pay for an interpreter who will be present
\r
249 during the review and explanation of this Agreement to Olga, by her attorney,
\r
250 <span style="text-decoration: underline;">
\r
251 </span>. In
\r
252 addition, Andrew has agreed to and will pay for the translation of this document
\r
253 from English to Russian. The Agreement will be signed by both parties; both
\r
254 in English form and in a Russian translation. Conflicts, contradictions and/or
\r
255 ambiguities in these two documents (the English version and/or the Russian
\r
256 version), if any, shall be resolved in favor of and according to the English
\r
258 <li>Any funds transferred by Andrew from any of his accounts and/or assets
\r
259 as listed on Exhibit A, from those accounts to a joint or common checking
\r
260 account in the name of Andrew and Olga shall be treated as gifts from Andrew
\r
261 to Olga and Andrew will not request any reimbursement for the same. As an
\r
262 example, the monthly living expenses, including payments for the first mortgage
\r
263 with regard to Andrew's property and residence located at 6187 Ellerbrook
\r
264 Way, San Jose, California will be paid utilizing certain funds in Union Bank,
\r
265 account number 2451001685. Funds needed will be transferred from this Union
\r
266 Bank account into the joint and/or common checking account of Andrew and
\r
267 Olga. Funds so transferred shall, as noted above, be treated as gifts from
\r
268 Andrew to the marital community and no reimbursement will be requested for
\r
270 <li>Andrew is free to make any testamentary disposition (by will, trust
\r
271 or otherwise) of his sole and separate property consisting of those items
\r
272 of property and assets set forth in Exhibit A; in the manner he chooses without
\r
273 first seeking the authorization, consent or knowledge of Olga. Olga is free
\r
274 to make any testamentary disposition (by will, trust or otherwise) of her
\r
275 sole and separate property consisting of those items of property and assets
\r
276 set forth in Exhibit B; in a manner she chooses without first seeking the
\r
277 authorization, consent or knowledge of Andrew.</li>
\r
278 <li>Andrew acknowledges that the terms and provisions of this Premarital
\r
279 Agreement have been discussed with and explained to him by his counsel, <span
\r
280 style="text-decoration: underline;">
\r
281 </span>. Olga acknowledges
\r
282 that the terms and provisions of this Premarital Agreement have been discussed
\r
283 with and explained to her by her counsel, <span
\r
284 style="text-decoration: underline;">
\r
285 </span>.<br>
\r
287 Dated this <span style="text-decoration: underline;">
\r
288 </span> day of <span
\r
289 style="text-decoration: underline;">
\r
292 <div style="text-align: right;"><span
\r
293 style="text-decoration: underline;">
\r
294
\r
295 <br>
\r
296 </span>Andrew P. DeFaria<span style="text-decoration: underline;"><span
\r
297 style="text-decoration: underline;"></span></span><br>
\r
298 <div style="text-align: left;"><br>
\r
299 State of California<br>
\r
300 County of Santa Clara<br>
\r
302 Subscribed and sworn to before me this <span
\r
303 style="text-decoration: underline;"> </span>
\r
304 day of <span style="text-decoration: underline;">
\r
305 </span>, 2002, by Andrew P. DeFaria<br>
\r
307 <div style="text-align: right;"><span
\r
308 style="text-decoration: underline;">
\r
309
\r
310 </span><br>
\r
311 <span style="text-decoration: underline;"> </span>Notary Public<span
\r
312 style="text-decoration: underline;"><span
\r
313 style="text-decoration: underline;"></span></span><br>
\r
314 <div style="text-align: left;"><br>
\r
315 My Commission Expires:<br>
\r
321 <div style="text-align: right;"><span
\r
322 style="text-decoration: underline;">
\r
323
\r
324 </span><br>
\r
325 <span style="text-decoration: underline;"> </span>Olga A. Fedoryaka<br>
\r
326 <div style="text-align: left;"><span style="text-decoration: underline;"><span
\r
327 style="text-decoration: underline;"></span></span>State of California<br>
\r
328 County of Santa Clara<br>
\r
330 Subscribed and sworn to before me this <span
\r
331 style="text-decoration: underline;"> </span>
\r
332 day of <span style="text-decoration: underline;">
\r
333 </span>, 2002, by Olga A. Fedoryaka<br>
\r
337 <div style="text-align: left;"><br>
\r
339 <div style="text-align: right;"><span
\r
340 style="text-decoration: underline;">
\r
341
\r
342 </span><br>
\r
343 <span style="text-decoration: underline;"> </span>Notary Public<span
\r
344 style="text-decoration: underline;"><span
\r
345 style="text-decoration: underline;"></span></span><br>
\r
347 <div style="text-align: left;"><br>
\r
348 My Commission Expires:<br>
\r
projects / clearscm.git / blob