Pavel Andreievich Chekov

THIS AGREEMENT MADE IN TRIPLICATE THIS 27th day of September, 2012
BETWEEN:

Lena Duchannes
- AND -
Pavel Andreievich Chekov

PRENUPTIAL AGREEMENT
BACKGROUND

This Prenuptial Agreement is made between LENA DUCHANNES and PAVEL ANDREIEVICH CHEKOV who are contemplating marriage each to the other;
The parties intend for this Agreement to become effective upon their marriage pursuant to the laws of the City;
The parties wish to enter into this agreement to provide for the status, ownership, and division of property between them, including future property owned or to be acquired by either or both of them;
The parties further wish to affix their respective rights and liabilities that may result from this relationship;
The parties additionally wish to prepare for any and all curse events that may limit their abilities to provide for themselves or render them incapable of independent decision-making;
The parties recognize the possibility of unhappy differences that may arise between them as well as the possibility of the sudden departure of one party from the City. Accordingly, the parties desire that the distribution of any property that either or both of them may own will be governed by the terms of this Agreement;
The parties recognize the possibility of the temporary death of one party and agree to abide by the terms of this Agreement in such event

Each party agrees and affirms the following:
THAT the parties did execute the Agreement voluntarily;
THAT this Agreement was not unconscionable when it was executed;
THAT both parties were provided prior to execution of the Agreement a fair and reasonable disclosure of the property or financial obligations of the other party; and
THAT he or she did have, or reasonably could have had, an adequate knowledge of the property or financial obligations of the other party.

NOW THEREFORE in consideration of the upcoming marriage, and in consideration of the mutual promises and covenants contained in this Agreement, the parties agree as follows:

PROPERTY
Except as otherwise provided in this Agreement, such property as is possessed by the consenting parties will be and remains the property of the owner and the other party will have no right to or interest in such present property.
In the event of the parties separating, any jointly-acquired or jointly-held property will be deemed to be owned equally with each party entitled to fifty percent (50%) of the net equity of the property, regardless of the initial or ongoing proportion of each party’s investment, unless the parties otherwise agree in writing.
Upon the permanent death or a party, or upon the departure of a party from the City, any jointly-acquired or jointly-held property, as well as property owned by the departed, will be deemed to be owned by the remaining party.  In the event of a return of a previously departed party, property ownership shall revert to the proper party.
Unless a party can reasonably show that he or she solely owns a piece of property, where either party commingles jointly owned property with separate property, any commingled property shall be presumed to be jointly-owned property of the parties.

DEBTS
Except as otherwise provided in this Agreement, such debts as are possessed by the consenting parties will be and remain the debts of the party and the other party will have no financial obligations with respect to paying back the debts.
Except as otherwise provided in this Agreement, such debts as are incurred jointly by the parties will be and remain the debts of both parties.
In the event of a separation, each party will be financially responsible for 50% of any jointly-acquired or jointly-held debts, regardless of the initial or ongoing proportion of each party’s borrowed amount, unless the parties otherwise agree in writing.

UNUSUAL CIRCUMSTANCES
Except as otherwise agreed, both parties shall retain full ownership of property and entitlement to rights as provided in this Agreement when under the influence of a curse, provided said curse does not alter the judgment and mentality of either party, and provided said curse does not render either party inanimate.
In the event of curse-induced mania, poor judgment, or otherwise debilitating mental affects of curses, ownership of assets of both parties, communal and individual, shall revert to the unaffected party.  Additionally, the unaffected shall provide the utmost care for the affected and the affected shall not be held accountable for actions taken under the influence of a curse.
In the event of a party transforming into an inanimate object, ownership of assets of both parties, communal and individual, shall revert to the unaffected party, and the unaffected party shall ensure the safety of the affected.
In the event of the death of one party, the surviving party must wait the requisite twenty-four hours before laying claim to the assets of the deceased.  Should the deceased revive, assets must be distributed as specified by the Agreement.
The parties agree that actions undertaken while under the influence of a curse, legal or otherwise, shall not be grounds for separation, and that alterations made to the Agreement or other legally-binding paperwork when one or both parties are cursed shall not be considered valid.

CHILDREN
The parties acknowledge that in the event of a separation, any rights and obligations of the parties relating to the children of the parties, including the issues of child support, custody and access, will be governed by the laws of the City, as they stand.
The parties agree that in the event of one party momentarily assuming the form of a child, the unaffected party shall provide care for that child.
The parties recognize the authority of the court to determine what arrangements are in the best interests of the children, and understand that court orders may affect the arrangement of the parties as stated in this Agreement.

SUPPORT
The parties realize that their respective financial and mental circumstances may be altered in the future by changes in their health, the cost of living, their employment, curses, or otherwise. No such changes shall give either party the right to seek additional support under any legislation. It is understood by each party that this Agreement represents a final disposition of all maintenance and support issues between them.

SEVERABILITY
Should any portion of this Agreement be held to be invalid, unenforceable, or void, such holding will not have the effect of invalidating or voiding the remainder of this Agreement, and the parties agree that the portion so held to be invalid, unenforceable, or void, will be deemed amended, reduced in scope, or otherwise stricken only to the extent required for purposes of validity and enforcement in the jurisdiction of such holding.

INTENTION OF THE PARTIES
Notwithstanding that the parties acknowledge and agree that their circumstances at the execution of this Agreement may change for many reasons, including but without limiting the generality of the foregoing, the passage of years, and various curses, it is nonetheless their intention to be bound strictly by the terms of this Agreement at all times.

DUTY OF GOOD FAITH
This Agreement creates a fiduciary relationship between the parties in which each party agrees to act with the utmost of good faith and fair dealing toward the other in all aspects of this Agreement.