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Post-Nuptial Agreement Checklist

By Brenda King,2014-07-10 18:58
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Post-Nuptial Agreement Checklist ...

    Post-Nuptial Agreement Checklist

    Please discuss the following with your spouse and bring the information to our office at

    your next appointment.

1. Recitation of Circumstances

     ___ What is the purpose of this agreement?

     ___ What is each party’s intent with regards to this agreement and how it affects the

     property, income, and other assets involved?

     ___ What contributions do you each anticipate during the marriage?

     ___ What are your employment plans?

2. Legal Counsel

     ___ Do you each have attorneys? If so, who are they?

3. Premarital Property

     ___ What property do you each intend to retain?

     ___ What property do you intend to dispose of?

     ___ Describe your property (see Schedule of Assets and Debts).

     ___ Describe how your property will increase in value over time (if any).

     ___ Describe how your property will generate income (if any).

4. Disclosure of Assets, Liabilities, and Income.

     ___ Attach the most recent tax returns of both parties.

     ___ If you employ any accountants or brokers, please attach their business

     cards/names and information.

5. Disposition of Marital Property.

     ___ Will property obtained during the marriage be subject to applicable divorce or

     descent law?

     ___ Conversely, will property obtained during the marriage be disposed of

     disproportionately? How?

     ___ In the event of divorce or death, will there be a cash settlement regarding one

     party’s claim to marital property? How much?

     ___ Should any sharing in the marital property increase over the duration of the

     marriage? How?

     ___ How will earned income and income earned from the marital property be

     treated?

6. Spousal Maintenance

     ___ Will spousal support be waived?

     ___ Or, will the alimony right be satisfied at various times with a cash payment or

     the disposition of other property?

     ___ Will the right to spousal support increase based on the duration of the marriage?

     How?

7. Life Insurance

     ___ Will one party be named as beneficiary of life insurance? Which?

     ___ That party should obtain documentation or information from the other party or

     from the insurance company.

8. Controlling Law

     ___ Should the parties move during the marriage to another state that is not a

     community property state (like California is), will the laws of that state apply?

9. Modification of the Law

     ___ Are you willing to modify the agreement if the law changes?

10. Procedure to Cancel or Modify Agreement.

     ___ Will the agreement be phased out over time?

11. Consent to Trusts and Wills and Other Beneficiary Designations

     ___ What wills and/or trusts do either of you have that will effect this agreement?

12. Changing Wills and Trusts

     ___ Make sure you alter your wills and/or trusts so that they make reference to your

     premarital agreement.

13. Surviving Spouse’s Rights.

     ___ In the event of death, which rights will the surviving spouse waive?

     ___ Which ones will not be impacted by the terms of your premarital agreement?

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