Good evening. I'll be assisting you with your question.
Prenup agreements can vary in complexity depending on the number of assets and financial situation of the parties involved.
However, there are several websites that will help you draft one and provide sample forms.
Below are just a few:
Our condo is deeded to me at about $250k, mortgage paid. I also have
about 85k in stock assets.
Your assets right now, while important, are not as important as the language you use to contemplate future assets.
You should specifically list the assets you now have and how you want them divided up, and address what future assets you could reasonably have, and address those, as well.
So, you may say, we have XX bank account, as well as any bank accounts we may acquire in the future, to be divided up accordingly...
My point is this: the assets you have now are easy to divide up, since you know what you have and what you want done with them. The future assets require more thought and careful drafting.
If it is your intention to have all of your assets divided up 1/3, 2/3, simply state that.
The key to a prenup (or any contract, for that matter), is making your intentions clear.
I am 70 years old and do not expect my assets to grow (a $4,000 monthly pension allows for expenses); however, I must calculate that the condo will
appreciate very slowly in NM, and my stock assets will slowly deplete. My partner also expects very little change to his assets in the next 15 years.
In that case, the prenup should be a relatively simple process. You just need to address your assets directly and how you would like them divided up upon divorce.
And my intention is to have assets divided up 1/3, 2/3.
You should still include a clause indicating your desire to have all of your community property divided up 1/3, 2/3.
When you state 'address your assets directly' does this include everything, including the appliances, dishes and silverware?
Unless there is a need to address them that specifically, no. For example, there may be some valuable silverware that you want divided up a certain way. Generally, household items are not addressed in a prenup. That said, you can be as specific as you want to be. If you want to address who gets the dishwasher, you can certainly do so.
And what type of lawyer should I contact for the purpose of writing up a pre-nup? Or do you feel the 'do-it-yourself' websites you've directed me too will suffice?
Since it sounds like your assets are relatively simple, you can probably just use the websites I have you. If you want to save some money, but have peace of mind, you could draft it using one of the websites and then take it to a local attorney for review. That will be much less expensive than having a lawyer draft one from scratch for you.
Thank you.... I will be rating your advice as excellent, as I have a much better understanding of pre-nup agreements. One final question: whatg type of lawyer should I contact for this, family law?
Yes, a family lawyer.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).