1. PROCESS OVERVIEW
a. Discuss goals, interests, fears
b. Legal education
c. Prepare disclosure of assets, debts, income
d. Generate options
e. Prepare draft of agreement, additional discussions, revisions
f. Sign agreement
2. GOALS AND FEARS
a. What goals do you hope to achieve through this process?
b. What are your fears about this process?
3. TRADITIONAL PURPOSES OF PREMARITAL AGREEMENT
a. Consider marriage
b. Consider death
c. Consider divorce
4. FINANCIAL BACKGROUND
a. For example: assets, debts, employment, estate plans, inheritance information
5. NON-LEGAL ISSUES TO CONSIDER
a. Flexibility of terms over time or depending on circumstances
b. Strengthening the marriage and its likelihood of success
c. Recognizing the effect time has on a relationship
d. Recognizing the effect of children on a relationship. Continue working?
e. Recognizing emotional issues tied with financial issues and their impact on relationship
f. No longer “free agents”?
6. LEGAL ISSUES TO CONSIDER
a. Separate property versus community property
i. Default rules versus the rules you create
ii. Different assets can be treated differently
b. Categories of assets
iii. Equity compensation
v1. Real property-investment, vacation, and home
c. Consideration of debts
d. Reimbursement issues
e. Determining definition and payment of “joint expenses”
f. Fiduciary duties
i. Management of accounts
ii. Investment opportunities
g. Expenses related to children from a prior marriage such as child support or child related expenses.
h. Expenses related to taking care of parents
1. Spousal support
7. NEXT STEPS
Tanya E. Prioste is a partner in the Family Law Group at Lakin Spears, LLP in Palo Alto, California, and a Certified Family Law Specialist, certified by the State Bar of California Board of Legal Specialization. Ms. Prioste is a fellow of the American Academy of Matrimonial Lawyers and the International Academy of Family Lawyers. Ms. Prioste is a mediator, does Collaborative Divorce cases, acts as a consulting counsel to mediations, and does traditional representation. She also negotiates and prepares premarital and postmarital agreements.