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
___ Conversely, will property obtained during the marriage be disposed of
___ 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
___ How will earned income and income earned from the marital property be
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?
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
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?