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Make Your Own Make Your Own Prenuptial AgreementPrenuptial Agreement
BOOK3Unit9
Make your own prenuptial agreementMake your own prenuptial agreement
Steps:Steps:
1. Search the related web pages.
2. Search the information for some questions.
3.3. Your PowerPoint Presentation. Your PowerPoint Presentation.
(10-15 minutes) (10-15 minutes)
Tips
BOOK3Unit9
The related web pages:The related web pages:
a. a. http://www.bankrate.com/brm/prenup.asphttp://www.bankrate.com/brm/prenup.asp
b. b. http://www.womenof.com/Articles/le031297.asphttp://www.womenof.com/Articles/le031297.asp
BOOK3Unit9
Questions:
① ① What is typically covered in premarital What is typically covered in premarital
agreements?agreements?
② ② Can a prenuptial agreement contain provisions Can a prenuptial agreement contain provisions
on future children’s custody and support? on future children’s custody and support?
③ ③ Are there “living together” contracts?Are there “living together” contracts?
BOOK3Unit9
①① What is typically covered What is typically covered in premarital agreements? in premarital agreements?
Pre-Marital Agreements typically cover at least severalof the following topics: (1) Prior marital history, and family circumstances. (2) What property and prospects each spouse is bringing into the marriage.(3) Who will own the investment earnings from such property. (4) What will happen with the earnings of each spouse. (5) What happens with property one spouse may inherit.(6) What happens in the event of death of a spouse.
BOOK3Unit9
(7) Where the couple will reside. (8) How taxes will be handled (e.g. joint or separate returns).(9) The level of support in the event of a divorce. (10) What happens to debts owed before the marriage and those thereafter incurred. Where one or the other party is marrying for a secondor third time, common provisions will be foundbequeathing certain assets to a child of a previousmarriage rather than to the new spouse.
BOOK3Unit9
②② Can a prenuptial agreement contain provisions Can a prenuptial agreement contain provisions on future children’s custody and support? on future children’s custody and support?
Yes, but the court is not bound by suchprovisions. Courts have the power to decideon child custody, visitation rights, and childsupport, reasoning that parties cannotnegotiate such issues particularly before thebirth of a child.
BOOK3Unit9
③③ Living Together ContractsLiving Together Contracts
The same concerns and considerations by couples whodo plan to marry and who draw up a premarital contractapply to couples who never plan to marry. As with prenuptial agreements, safeguarding incomeand assets and negotiating an agreement — in the eventof termination of the relationship or death is far easier toaccomplish when neither party is angry, under stressand/or hostile. The agreement should cover all theproperty (and debt) you had at the beginning of therelationship as well as any property you accumulate.
BOOK3Unit9
Normally, you would add provisions for support (orlack of support), on keeping each person propertyand income separate, sharing expenses, livingarrangements, personal belongings, and so forth.Some include provisions for arbitration or mediationto deal with future disputes.To accommodate both parties? Interests and assuageany worry about the legality of the contract, we suggesthaving the document drawn by lawyers representingeach partner, or checked by separate lawyers if youhave created your own contract.