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.
* Required
Email address
*
Your email
Are You the Husband or Wife to Be?
*
Choose
Wife
Husband
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?
*
Mornings
Afternoon before 5pm
Between 5pm & 9pm
After 9pm but before midnight
Required
How did you hear about Oeser-Sweat, P.C.?
*
Google
Yahoo
Facebook
Attorney
Surfing the Web
Other:
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:
*
Choose
AL
AK
AZ
AR
CA
CO
CT
DE
FL
GA
HI
ID
IL
IN
IA
KS
KY
LA
ME
MD
MA
MI
MN
MS
MO
MT
NE
NV
NH
NJ
NM
NY
NC
ND
OH
OK
OR
PA
RI
SC
SD
TN
TX
UT
VT
VA
WA
WV
WI
WY
AS
DC
FM
GU
PR
VI
AE
AA
AE
AP
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:
*
Choose
AL
AK
AZ
AR
CA
CO
CT
DE
FL
GA
HI
ID
IL
IN
IA
KS
KY
LA
ME
MD
MA
MI
MN
MS
MO
MT
NE
NV
NH
NJ
NM
NY
NC
ND
OH
OK
OR
PA
RI
SC
SD
TN
TX
UT
VT
VA
WA
WV
WI
WY
AS
DC
FM
GU
PR
VI
AE
AA
AE
AP
Zip Code of Wife-to-be:
*
Your answer
Prior Marriages
Is either party currently married?
*
hey..it comes up...
Choose
Yes the Wife to be is currently married
Yes, the Husband to be is currently married
No, we are both single
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:
*
Choose
under $50,000
$50,000 - $100,000
$100,000 - $250,000
$250,000 - $450,000
$450,000 - $650,000
$650,000 -$850,000
$850,000 - $1,000,000
Over $1,000,000
Husband To Be's Estimated Income:
*
Choose
under $50,000
$50,000 - $100,000
$100,000 - $250,000
$250,000 - $450,000
$450,000 - $650,000
$650,000 -$850,000
$850,000 - $1,000,000
Over $1,000,000
Wife To Be's Estimated Assets:
*
Choose
under $50,000
$50,000 - $100,000
$100,000 - $250,000
$250,000 - $450,000
$450,000 - $650,000
$650,000 -$850,000
$850,000 - $1,000,000
Over $1,000,000
Wife To Be's Estimated Income:
*
Choose
under $50,000
$50,000 - $100,000
$100,000 - $250,000
$250,000 - $450,000
$450,000 - $650,000
$650,000 -$850,000
$850,000 - $1,000,000
Over $1,000,000
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?
Choose
Yes
No
Is Wife to be in the Military?
Choose
Yes
No
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.
property acquired by gift or inheritance
compensation for personal services
retirement or pension benefits
compensation for personal injuries
insurance proceeds
income derived from separate property
the proceeds of the sale of separate property
property acquired in exchange for such property or acquired with the proceeds of the sale of separate property
state in agreement that omitting any of the above expressly makes 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
Choose
Yes
No
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..."
Choose
Yes - include recitation
No - omit recitation
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.
they may acquire some joint or marital property
they presently do not intend to create any joint or marital property, although doing so is possible
no property acquired during the marriage is to be treated as joint or marital property
no property acquired during the marriage is to be treated as joint or marital property unless the parties sign a writing identifying such joint or marital property
all property they acquire during the marriage, unless falling within the definition of separate property, should be treated as joint or marital property
if the parties commingle their separate property to acquire new property, the interests of the parties in the new property are to remain separate property interests (in proportion to the amount contributed by each)
separate property of a party can be reclassified as joint or marital property only by a writing executed by the owner of the separate property
Required
Expenses
With regard to day to day living expenses (such as food, clothing and entertainment), the expenses are to be:
*
Choose
the Agreement is to be silent on the subject
shared by the parties as they may later agree
shared equally
paid solely by Husband
paid solely by Wife
shared unequally, with the amounts or proportions to be specified in the Agreement
If day to day expenses are to be shared unequally, with the amounts or proportions to be specified in the Agreement:
Choose
each party is to pay a specific fraction or percentage
Husband is to pay a fixed amount, and Wife is to pay the balance - fixed amount
Wife is to pay a fixed amount, and Husband is to pay the balance - fixed amount
Husband is to pay a fixed amount, and the balance is to be shared equally - fixed amount
Will the parties establish a joint checking account for living expenses?
*
Choose
Yes, the parties will establish a joint account for household and living expenses
Yes and only the funding party may withdraw money
Yes and the parties will later agree about funding the account
Yes and Agreement will state the amount(s) to be funded
No
Will one party fund a savings account for the other party?
Choose
Yes - Monthly
Yes - after specific periods
Yes - by an amount on each anniversary
Yes - as the parties may agree
Yes - if the parties have children
No
If one party will fund a savings account for the other party, who will be funding it?
Choose
Husband will fund the account
Wife will fund the account
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...
Choose
Yes
No
We don't have that stuff
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?
Choose
Yes
No
Do the parties intend to give gifts for the purpose of estate tax planning (e.g., annual gifts of $10,000)?
Choose
Yes
No
The Residence
This is about where you are both going to live!
The parties intend to have as their marital residence -
*
Choose
an apartment
a house, condo or coop which is to be purchased by either or both of them
a house, condo or coop presently owned by Husband
a house, condo or coop presently owned by Wife
a rented premises (other than an apartment)
The parties intend to later buy a home to serve as the marital residence -
*
Choose
Yes
No
If the home is to be purchased - The residence is:
Choose
a house
a condo
a cooperative apartment
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:
Choose
shared by the parties as they may later agree
shared equally
paid solely by Husband
paid solely by Wife
shared unequally, with the amounts or proportions to be specified in the Agreement
If shared unequally, with the amounts or proportions to be specified in the Agreement
Choose
each party is to pay a specific fraction or percentage
Husband is to pay a fixed amount, and Wife is to pay the balance
Husband is to pay a fixed amount, and the balance is to be shared equally
Wife is to pay a fixed amount, and the balance is to be shared equally
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.
Choose
as tenants by the entirety or joint tenants with rights of survivorship
as tenants by the entirety or joint tenants with rights of survivorship, but the parties are to keep track of their separate interests in the home
as tenants in common without rights of survivorship, specifying the interest of each party
solely by Husband
solely by Wife
Is the home the parties are to live in presently owned by one party?
Choose
Yes - it is owned by the Husband
Yes - It is owned by the Wife
No - Someone else owns it
It will be rented
Address of the Home
Your answer
If the home presently is owned by one party - It is a:
Choose
House
Coop
Condo
Is there a mortgage on the Place? If so, How much is outstanding?
Your answer
Title to the home is to be -
Choose
retained by the party who is the present owner
transferred to the parties as tenants by the entirety or joint tenants with rights of survivorship
transferred to the parties as tenants by the entirety or joint tenants with rights of survivorship, but the parties are to keep track of their separate interests in the home - percentage interests:
transferred to the parties as tenants in common without rights of survivorship, specifying the interest of each party - percentage interests:
transferred to the other party
If title is to be transferred
Choose
no specific compensation is to be paid by the other party
the other party is to pay a specific dollar amount
the other party is to pay a specific dollar amount, but payments are to be made pursuant to a schedule
The transfer is to take place
Choose
promptly after the marriage of the parties
on the first anniversary of the marriage
Some time after the marriage
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 -
Choose
shared by the parties as they may later agree
shared equally
shared unequally, with the amounts or proportions to be
paid solely by Wife
paid solely by Husband
shared in proportion to the couple's annual incomes
the Agreement is to be silent on the subject
If shared unequally, the parties are to pay:
Choose
each party is to pay a specific fraction or percentage
Husband is to pay a fixed amount, and Wife is to pay the balance
Wife is to pay a fixed amount, and Husband is to pay the balance
Husband is to pay a fixed amount, and the balance is to be shared equally
Wife is to pay a fixed amount, and the balance is to be shared equally
Fixed Amount:
__monthly __weekly __annually
Your answer
With regard to furniture, furnishings and other household effects in the home -
*
they shall be the joint or marital property of the parties other than pre-marital separate property and art, antiques or collectibles acquired as separate property by either party
they shall be the joint or marital property of the parties without exception
the parties are to have separate property interests in proportion to contributions made by each in acquiring the furniture, furnishings and other household effects
the Agreement is to be silent on the subject
Required
Children
Do the parties intend to have children?
*
Choose
Yes
No
Agreement is to expressly state the intention of the parties not to have children
The parties intend to have children:
Choose
by birth
adoption
by birth or adoption
If the agreement is to expressly state the intention of the parties to have children, how many do the parties intend to have?
just one child
more than one child
a specific number of children
Other:
Are the children are expressly to be raised in a particular religion - specify:
Your answer
With regard to prior children of either party:
Choose
the children are to reside with the parties
expressly are not to reside with the parties other than reasonable visitation
the other party is to adopt the children
the other party is not to adopt the children
the other party is to pay child support in the event of a divorce
the other party is to pay child support
the children are expressly to be raised in a particular religion specified above
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:
*
Choose
the home is to be SOLD so the couple's respective interests may be recovered
Wife may continue to occupy the home
Husband may continue to occupy the home
If the home is to be sold:
Choose
proceeds are to be divided in proportion to the parties' interest
notwithstanding the fair market value a minimum amount is to be paid to one party
proceeds are to be first used to reimburse each party for their original contribution, and then divided equally
If one party is to continue to occupy the home, who will pay the expenses during that party's occupancy?
Choose
the occupying party
the non-occupying party
equally
other
In addition to the death of the occupant, or voluntary vacating, the occupancy is to terminate:
Choose
upon remarriage of the occupant
the emancipation of all minor children
the lapsing of a period equal to the duration of the marriage
After occupancy ceases:
Choose
the home is to be sold
one party is to have an option to purchase the interest of the other party
one party is to be required to purchase the interest of the other party
Husband is to have an option to purchase the interest of the Wife
Wife is to have an option to purchase the interest of the Husband
the agreement is to be silent on the subject
If an option to buy the home is given to a party:
Choose
if the option is not exercised the home is to be sold
if the option is not exercised the other party is to have an option
If there is an Option to buy, the amount to be paid is to be:
Choose
the fair market value of the interest purchased
notwithstanding the fair market value a minimum amount is to be paid to Wife
notwithstanding the fair market value a minimum amount is to be paid to Husband
an amount reflecting reimbursement of each party's contribution and then an equal division of the fair market value
If one party is to be required to purchase the interest of the other party, the amount to be paid is to be:
Choose
the fair market value of the interest purchased
notwithstanding the fair market value a minimum amount is to be paid to Wife
notwithstanding the fair market value a minimum amount is to be paid to Husband
an amount reflecting reimbursement of each party's contribution and then an equal division of the fair market value
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:
*
Choose
the party is to be required to make the payment and the other party waives rights to equitable distribution of joint or marital property
the party is to be required to make the payment, but the other party does not waive rights to equitable distribution of joint or marital property
the party may elect to make the payment, and if the election is made the other party waives rights to equitable distribution of joint or marital property
the other party may elect to receive the payment and waive rights
There will be no maintenance for either party
Who will pay maintenance (if applicable)
Choose
Husband
Wife
If a lump sum payment is to be made:
the payment is to be a fixed sum
the initial amount is to be increased by an additional amount for each year the marriage has continued
the payment is to increase if the marriage has continued for a period of time
the payment is to be a fixed amount adjusted by any increase in the Consumer Price Index over a base year
an additional amount is to be paid if the parties have children
if the amount is to increase, there is to be a maximum limit
the payment provisions apply only if the marriage lasted more than a specific number of years
the payment provisions apply only if the marriage lasted less than a specific number of years
Other:
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:
Choose
monthly
weekly
biweekly
annually
If periodic payments for maintenance and support are to be made:
the payments are to be a fixed sum
the payments are to be increased by an additional amount for each year the marriage has continued
the payments are to increase if the marriage has continued for a period of time
the payments are to be a fixed amount adjusted by any increase in the Consumer Price Index over a base year
an additional amount is to be paid if the parties have children
if the amount is to increase, there is to be a maximum limit
the payment provisions apply only if the marriage lasted more than a specific number of years
the payment provisions apply only if the marriage lasted less than a specific number of years
if no periodic payments are to be required the Agreement is to state that a court can determine questions of alimony
Other:
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
Choose
remarriage of the recipient
emancipation of all minor children
the lapsing of a period equal to the duration of the marriage
Is the Agreement to contain an express waiver of rights to alimony?
*
Choose
Yes, it is to contain an express waiver of rights to alimony
No, it is not to contain an express waiver of rights to alimony
Is the express waiver of rights to alimony to cease?
*
Choose
Yes, it is to cease after a certain time in which the parties are married
No, it is not to cease
Yes, it is to cease if the divorce occurs within a certain amount of time
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?
*
Choose
Yes
No, the agreement shall be silent on this subject
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
Choose
the parties are to have joint custody
joint custody, but the children will reside with Wife
joint custody, but the children will reside with Husband
the parties both will provide reasonable child support
the parties both will provide reasonable child support and one party will pay a minimum amount
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
*
Choose
divided evenly between the parties
divided between the parties in percentages other than 50:50
Wife is to get a fixed amount, and the balance goes to the other party
Husband is to get a fixed amount, and the balance goes to the other party
transferred to just Wife
transferred to just Husband
divided evenly after each party has been reimburse for costs of acquisition
divided in accordance with the laws of State
the Agreement is to be silent on the subject
if an item is to be shared but cannot be readily divided (and the parties cannot agree on the compensation one should pay the other) such item is to be sold so the parties can divide the proceeds of sale
In the event of a divorce, items of joint or marital property (not otherwise specifically disposed of in the Agreement) are to be:
Choose
divided evenly between the parties
divided between the parties in percentages other than 50:50
Wife is to get a fixed amount, and the balance goes to the other party
State Law of the following State should apply to this provision (and agreement):
*
Choose
AL
AK
AZ
AR
CA
CO
CT
DE
FL
GA
HI
ID
IL
IN
IA
KS
KY
LA
ME
MD
MA
MI
MN
MS
MO
MT
NE
NV
NH
NJ
NM
NY
NC
ND
OH
OK
OR
PA
RI
SC
SD
TN
TX
UT
VT
VA
WA
WV
WI
WY
AS
DC
FM
GU
PR
VI
AE
AA
AE
AP
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:
Choose
both parties are to waive equitable distribution
just Husband is to waive equitable distribution
just Wife is to waive equitable distribution
neither party is to waive equitable distribution
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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