Prenuptial Agreement Questionnaire
The judgment on the dissolution of the marriage, the marriage contract and the parental contract of a previous marriage, under which obligations or rights remain. Even if your client has the right to child support or support from a marriage or previous relationship (some arrangements provide for the continuation of support after remarriage, often when the primary purpose of the support payment is to allow favourable tax treatment of the transferred property), ensure that these amounts are forfeited under the “marital” estate. , or subject to reimbursement of the same contribution to the matrimonial estate. No matter how the negotiations are conducted, it is a good idea to commemorate the sum and content of your negotiations in a letter to your client before the agreement is signed. This will protect you from the claims that were made years later, why it was made or not, because I can assure you that if another lawyer asks your client why she signed this agreement, it will be their answer: “My lawyer told me, simply because the parties have failed to make the marriage agreement a priority in marriage planning (or more often). because a party waited until the last minute to address the topic), that does not mean that you should assume unnecessary responsibility for an agreement that has been prepared or hastily verified. Remember that your agreement has at least a one in two chance of being the subject of litigation. Whatever time limit you feel is limited, it will allow you to do the work competently and appropriately necessary to adequately protect your client`s interests, set that time limit in your practice and stick to it. You won`t regret it. In order to prepare the marriage agreement and verify it properly, you must have your clients prepare a financial statement that describes income, debts, assets and their values. The following is a good start to get clients to work on their disclosures, which should ultimately be incorporated into the marriage agreement itself. Because of their volume, tax returns must not be attached to the marriage agreement, but must in any event be exchanged with opposing lawyers.
Pre-marital assets and liabilities: You should draw up an exhaustive list of your assets and debts that are currently on your behalf. It is necessary for your wedding, and it is also a good practice in advance and easily on financial matters with your new spouse. Here are some questions to think about when they think about pre-marriage assets and debt: The best way to approach the process is to design the document and check as if the divorce has already been filed. Lawyers who do not negotiate and pre-marital agreements with the divorce of the parties, not with marriage, in mind, fill their drawers with files with time bombs. Even in a society where second marriages, especially between older clients, are becoming more frequent, death is often as important to the perpetrator as divorce.