Nuptial Agreement Forms And Lists For Estate Planners (Page 2 of 6) in pdf

Nuptial Agreement Forms And Lists For Estate Planners Page 2

60 | The Practical Lawyer

June 2016

A. Sample Prenuptial Agreement Questions

1. Please state names, addresses and contact information of each party.

2. Please state name, address and contact information of each party’s attorney.

3. However significant or insignificant, there must be full disclosure of all assets, income and liabilities

of both parties. This includes all trusts of which a party is a beneficiary. Please complete the attached

financial disclosure form in full. Also please attach copies of your last 3 years of income tax returns.

4. Have either of you been married previously? If so, to whom? When were you married? How was the

marriage terminated (e.g., death or divorce)? If by divorce, please provide court, case number and copy

of decree and any agreements.

5. Does either party have any children? If so, please provide names and dates of birth.

6. What are your primary goals for drafting the prenuptial agreement?

7. Do you want to keep all property prior to the marriage separate? Do you wish to retitle any assets in

joint tenancy (e.g., residential real property)?

8. How do you want to hold property acquired during marriage (e.g., separately or jointly)? Note: A good

option for keeping property separate is for it to be held in separate trusts.

9. How do you wish property to be allocated in the event of death?

10. How do you wish assets and debts to be divided in the event of a divorce?

11. Do you wish to provide for spousal maintenance or alimony to each other (e.g., temporary alimony,

long-term alimony, or lump-sum settlement)?

12. Any special considerations depending on whether you have children together or whether one of you

becomes disabled?

13. 13. Do you have any non-financial agreements you wish to make concerning lifestyle issues (e.g., observ-

ing particular religion, practices such as smoking or wearing a seatbelt, etc.)?

Nuptial Agreement Forms And Lists For Estate Planners Page 2