Let's Discuss Your Prenup!
Once we get some information from you, we can draft your Prenuptial Agreement! If you have any questions, concerns, or issues, please send an email to jamel@oesersweat.com. Creating your Prenuptial Agreement takes several days. We will prepare your agreement and send you a draft of your application for approval. We may also suggest ways that you can strengthen your agreement, where appropriate.
Email address *
Are You the Husband or Wife to Be? *
What is your First Name? *
Your answer
What is your Last Name? *
Your answer
What is your email address? *
Your answer
What is your phone number? *
Your answer
When is the best time to contact you? *
Required
How did you hear about Oeser-Sweat, P.C.? *
Required
Husband To Be
Tell us more about the Husband to be..
First Name of Husband-to-be: *
Your answer
Last Name of Husband-to-be: *
Your answer
Street Address of Husband-to-be: *
Your answer
Other Address Information of Husband-to-be: *
Your answer
City of Husband-to-be: *
Your answer
State of Husband-to-be: *
Zip Code of Husband-to-be: *
Your answer
Wife To Be
Tell us more about the Wife to be..
First Name of Wife-to-be: *
Your answer
Last Name of Wife-to-be: *
Your answer
Street Address of Wife-to-be: *
Your answer
Other Address Information of Wife-to-be: *
Your answer
City of Wife-to-be: *
Your answer
State of Wife-to-be: *
Zip Code of Wife-to-be: *
Your answer
Prior Marriages
Is either party currently married? *
hey..it comes up...
Prior marriages of Husband to be: *
(number, how ended)
Your answer
Prior marriages of Wife to be: *
(number, how ended)
Your answer
Children of Prior Relationships
Husband to be's Children of a Prior Relationship
(names, birth dates, and whether emancipated-over 18)
Your answer
Wife to be's Children of a Prior Relationship
(names, birth dates, and whether emancipated-over 18)
Your answer
Assets & Income
Husband To Be's Estimated Assets: *
Husband To Be's Estimated Income: *
Wife To Be's Estimated Assets: *
Wife To Be's Estimated Income: *
Occupation/Employment/Business of Husband to be:
Your answer
Occupation/Employment/Business of Wife to be:
Your answer
Military Information
Is Husband to be in the Military?
Is Wife to be in the Military?
Definition of Separate Property
The definition of separate property can affect what property each party controls during the marriage, and their rights in the event of a divorce or when one dies. The definition automatically includes property acquired by a party prior to the marriage, but also can included items acquired during the marriage.
So: Things You Have Before Marriage = Separate Property
Unless You Say Differently Here...
Include all of the following as separate property *
Omitting any of the following can expressly make that item marital property.
Required
Do you wish to append schedules of each party's separate property? *
If you choose yes, you can put a list of each party's property in the Prenuptial Agreement
If you are attaching schedules of each party's separate property, do you wish to recite that the schedule is a full disclosure of all separate property now owned by each party?
Disclosure would be something like : "THIS IS ALL MY STUFF..."
The parties may acquire joint or marital property, such as a home acquired in joint title or gifts. In general, do the parties anticipate: *
So...you both my get some stuff during the marriage. You may buy a house in both your names. One of you may already have a house and decide you will both live there during the marriage, potentially commingling the house into the marriage. This question addresses those types of situations.
Required
Expenses
With regard to day to day living expenses (such as food, clothing and entertainment), the expenses are to be: *
If day to day expenses are to be shared unequally, with the amounts or proportions to be specified in the Agreement:
Will the parties establish a joint checking account for living expenses? *
Will one party fund a savings account for the other party?
If one party will fund a savings account for the other party, who will be funding it?
stock portfolios or similar intangible property held jointly shall require the signature of both parties
This can include stocks, joint checking accounts, anything you own together...
Will the parties will cooperate in the execution of documents to procure loans on separate property?
So, let's say one of you owned a house before you got married. Now that person has to get a loan for some reason on that house. For some reason, someone needs you to sign something to help your partner get a loan. That house is not part of the marriage. Do you want the agreement to say you have to cooperate and/or assist with getting the loan for the person you are about to marry?
Do the parties intend to give gifts for the purpose of estate tax planning (e.g., annual gifts of $10,000)?
The Residence
This is about where you are both going to live!
The parties intend to have as their marital residence - *
The parties intend to later buy a home to serve as the marital residence - *
If the home is to be purchased - The residence is:
If the home to be purchased has been picked, what is the address?
Your answer
How much is the home to be purchased to cost?
Your answer
How much will the mortgage be?
Your answer
The costs of purchasing the home are to be:
If shared unequally, with the amounts or proportions to be specified in the Agreement
Title is to be held:
Who is going to own the house/apartment/condo/coop? Rights of Survivorship means that if one party dies, the other party can still live in the house, even if someone else inherits the party that died's rights to the house.
Is the home the parties are to live in presently owned by one party?
Address of the Home
Your answer
If the home presently is owned by one party - It is a:
Is there a mortgage on the Place? If so, How much is outstanding?
Your answer
Title to the home is to be -
If title is to be transferred
The transfer is to take place
The expenses of owning the home, such as payments of the mortgage, insurance, repairs and taxes (or rent in the case of an apartment), are to be -
If shared unequally, the parties are to pay:
Fixed Amount:
__monthly __weekly __annually
Your answer
With regard to furniture, furnishings and other household effects in the home - *
Required
Children
Do the parties intend to have children? *
The parties intend to have children:
If the agreement is to expressly state the intention of the parties to have children, how many do the parties intend to have?
Are the children are expressly to be raised in a particular religion - specify:
Your answer
With regard to prior children of either party:
PROPERTY DIVISION IN THE EVENT OF DIVORCE
The Agreement should discuss the rights of the parties in the event of a termination of the marriage. The parties could let a court determine an "equitable distribution" of the property, but more frequently one or both of the parties waive rights under applicable law and expressly set forth how assets are to be divided.
With regard to the marital residence if title is shared by the parties: *
If the home is to be sold:
If one party is to continue to occupy the home, who will pay the expenses during that party's occupancy?
In addition to the death of the occupant, or voluntary vacating, the occupancy is to terminate:
After occupancy ceases:
If an option to buy the home is given to a party:
If there is an Option to buy, the amount to be paid is to be:
If one party is to be required to purchase the interest of the other party, the amount to be paid is to be:
In the event of a divorce one party is to pay the other party a lump sum amount and/or periodic payments for the maintenance of the other party: *
Who will pay maintenance (if applicable)
If a lump sum payment is to be made:
Amount of Lump Sum Payment:
Your answer
Amount of additional Lump Sum Payment:
if it is to increase
Your answer
Amount to be paid per child:
Your answer
Number of Years
If payment provisions apply only if the marriage lasted more or less than a specific number of years
Your answer
If periodic payments for maintenance and support are to be made, Periodic payments are to be:
If periodic payments for maintenance and support are to be made:
Amount of Fixed Sum Payment:
Your answer
Additional Amount on top of Fixed Sum Payment:
Your answer
Period(s) and new amount(s):
If the payments are to increase if the marriage has continued for a period of time
Your answer
Amount and base year: $
If the payments are to be a fixed amount adjusted by any increase in the Consumer Price Index over a base year
Your answer
Amount per child: $
If an additional amount is to be paid if the parties have children
Your answer
Maximum limit: $
If the amount is to increase, there is to be a maximum limit
Your answer
Specific number of years:
If the payment provisions apply only if the marriage lasted less than or more than a specific number of years
Your answer
In addition to the death of the recipient, payments are to terminate upon
Is the Agreement to contain an express waiver of rights to alimony? *
Is the express waiver of rights to alimony to cease? *
Number of years in which the express waiver of rights to alimony to cease?
If the Agreement to contain an express waiver of rights to alimony which is to cease upon an occurance
Your answer
Is the Agreement to discuss custody or child support of minor children in the event of a divorce? *
With regards to custody or child support of minor children in the event of a divorce: *
If the Agreement to discuss custody or child support of minor children in the event of a divorce
Amount of Child Support:
If the Agreement to discuss custody or child support of minor children in the event of a divorce
Your answer
There are specific items (e.g., a business or art, antiques or collectibles) that are to be separately discussed:
Please indicate what items you want addressed
Your answer
In the event of a divorce, items of joint or marital property (not otherwise specifically disposed of in the Agreement) are to be *
In the event of a divorce, items of joint or marital property (not otherwise specifically disposed of in the Agreement) are to be:
State Law of the following State should apply to this provision (and agreement): *
Percentages to divide items in:
In the event of a divorce, items of joint or marital property (not otherwise specifically disposed of in the Agreement) are to be
Your answer
Fixed Amount
In the event of a divorce, items of joint or marital property (not otherwise specifically disposed of in the Agreement) are to be
Your answer
If the Agreement provides a division of joint or marital property in the event of the termination of the marriage, one or both of the parties should waive equitable distribution of joint or marital property. Such a waiver prevents a court from overriding the Agreement. The Agreement is to provide that:
RIGHTS UPON THE DEATH OF A PARTY
Various options may be appropriate. One or both of the parties could agree to provide some minimum bequest to the surviving spouse, which could depend on various factors such as the duration of the marriage. Life insurance might be required. Rights with respect to the marital residence may be separately treated.
Attorney Information
Remember, though our agreements are reviewed by and developed by attorneys, nothing in this interaction is meant to create an attorney client relationship. Consulting an attorney familiar with the laws of your state and with your personal situation is always a good practice. Nothing in these agreements is meant to provide legal advice to you. After all, everyone's situation is different and if you have special needs, you should consult your personal attorney.
Will you have an attorney review this document?
If Yes Provide Name & Contact Information (we will not contact this individual)
Your answer
Will your spouse to be have an attorney review this document?
If Yes Provide Name & Contact Information (we will not contact this individual) - Note: This is a good idea & in some states, not having your spouse to be see an attorney can lead to invalidation of your prenuptial agreement!!
Your answer
Please describe any concerns you may have:
Your answer
Questions or Comments:
Your answer
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