Prenuptial Agreements

by Stoner, Katherine E.; Irving, Shae

• ISBN13: 9780873379960
• ISBN10: 0873379969
• Edition: CD
• Format: Paperback
• Copyright: 2004-04-01
• Publisher: Nolo

Summary

Any couple thinking about getting married, especially those who might be concerned with the following:· keeping their finances totally separate or protecting certain items of separate property· providing for children from a prior marriage when a spouse dies· making sure family property stays in the family when a spouse dies· protecting one spouse from the others personal or business debts· defining who gets what in the event of a divorce· clarifying each persons financial responsibilities during the marriage

Author Biography

Katherine E. Stoner is an attorney and mediator in private practice

Table of Contents

How to Use This Book
How This Book Can Help You	2	(1)
Using This Book to Draft Your Own Prenup	2	(1)
Our Assumptions	2	(3)
Icons Used in This Book	5
A Prenup Primer
How Prenups Work	2	(2)
How to Make a Prenup	4
Is a Prenup Right for You?
What You Can Do With a Prenup	2	(4)
What You Can't Do With a Prenup	6	(2)
Will a Prenup Work for You?	8
Deciding on the Specifics
Evaluating Your Situation	2	(5)
Talking It Through	7	(5)
Will Your Prenup Pass the Fairness Test?	12
Understanding Your State's Law
Which Laws Apply to Your Prenup?	2	(1)
Preparing to Review the Law	3	(1)
An Overview of State Law	3	(14)
Researching State Law	17	(3)
Do You Still Want a Prenup?	20
Assembling Your Draft Agreement: The Basics
The Structure of Your Prenup	2	(1)
Choosing the Clauses for Your Prenup	2	(40)
Assembling the Pages of Your Draft	42	(1)
Sample Prenups	42
Additional Provisions for Your Prenup
Optional Paragraph 1: Estate Planning Matters	2	(3)
Optional Paragraph 2: Property Transfers or Purchases of Insurance Upon Marriage	5	(3)
Optional Paragraph 3: Provisions Applicable to Divorce	8	(12)
Optional Paragraph 4: Other Matters	20
Turning Your Draft Into a Binding Agreement
Planning Ahead	2	(1)
Finding Good Lawyers	2	(3)
Preparing the Final Agreement	5	(2)
Preparing an Abstract of the Agreement	7	(1)
If Problems Arise	7	(2)
Signing the Agreement: Formalities and Fun	9
Working Together
Five Keys to Working Together Successfully	2	(1)
A Suggested Approach to Working Together	3	(1)
Communicating Effectively	4	(2)
Negotiating Lovingly	6	(2)
What to Do When Problems Arise	8
After You've Made a Prenup
Storing the Original Agreement and Copies	2	(1)
Recording an Abstract of the Agreement	2	(3)
Following Your Own Rules	5	(1)
Completing Your Estate Plan	5	(1)
Reviewing the Agreement	6	(1)
Changing Your Prenup: Postnuptial Agreements	6	(1)
Closing Thoughts	7
Appendixes
A How to Use the CD-ROM
A. Installing the Form Files Onto Your Computer	2	(1)
B. Using the Word Processing Files to Create Documents	2	(2)
C. Files Provided on the Forms CD-ROM	4
B Worksheets
Worksheet 1: Financial Inventory	3	(4)
Worksheet 2: Credit History and Spending Habits	7	(2)
Worksheet 3: Financial Outlook	9	(2)
Worksheet 4: Prenup Goals	11	(2)
Worksheet 5: The Basics of Our Prenup	13	(4)
Worksheet 6: Comparison of Prenup to Law	17
C Clauses for Building Your Prenup
A. Your Prenup's Title	2	(1)
B. The Ten Basic Paragraphs (Mandatory for All Agreements)	2	(20)
C. Optional Paragraphs---Insert After Paragraph 8, Above	22	(7)
D. Financial Disclosures	29	(2)
E. Abstract of Prenup	31
D Summary of State Prenup Laws
A. Prenuptial Agreements	3	(1)
B. Inheritance	4	(1)
C. Divorce	4	(1)
D. State Summaries	4	(1)
Index