[NOTE: The following sample questionnaire is used with the New York Prenuptial Agreements Library. If you ordered the library for some other jurisdiction, some of the questions and terms would be different.]

COMMENT: Frequently clients desiring a prenuptial agreement have one major issue in mind, such a preserving their right to bequeath property to children of a prior marriage. As attorney you will wish to bring to your client's attention numerous other issues which may be relevant. The program endeavors to cover a large selection of issues in depth. You may wish to liberally edit the initial draft to make it more succinct and focused on your client's concerns.

PRENUPTIAL AGREEMENTS QUESTIONNAIRE

Name of Husband-to-be (or same-sex spouse):
Short name for reference (e.g., just the first name):
Phone No.:
Address:


Prior marriages (number, how ended):

Prior children (names, birth dates, and whether emancipated):


Soc. Sec. No.:
Estimate Annual Income: $
Estimated Assets (range):
Occupation/Employment/Business:

Military Status:
Advisors (accountant, insurance agent, physician, investment advisor, banker, clergyman):


Name of Wife-to-be (or same-sex spouse):
Short name:
Phone No.:
Address:


Prior marriages (number, how ended):

Prior children (names, birth dates, and whether emancipated):


Soc. Sec. No.:
Estimate Annual Income: $
Estimated Assets (range):
Occupation/Employment/Business:

Military Status:
Advisors (accountant, insurance agent, physician, investment advisor, banker, clergyman):


You represent: __Husband/ __Wife

__other spouse has an attorney - name, address, phone no.:




Who is to be the first party named: __Husband/ __Wife

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

__include all of the following [vs __just the checked items]
__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
__if you omitted any of the above items, expressly included them in the definition of joint or marital property
__append schedules of each party's separate property [__recite that the schedules contain a full disclosure of all separate property now owned]

The parties may acquire joint or marital property, such as a home acquired in joint title or gifts. In general, do the parties anticipate -
__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 [__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

EXPENSES

With regard to day to day living expenses (such as food, clothing and entertainment), the expenses are to be -
__the Agreement is to be silent on the subject
__shared by the parties as they may later agree
__shared equally
__paid solely by one party [__Husband/__Wife]
__shared unequally, with the amounts or proportions to be specified in the Agreement -
__each party is to pay a specific fraction or percentage - specify:
__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: $
__Wife is to pay a fixed amount, and the balance is to be shared equally - fixed amount: $
__shared in proportion to incomes of the parties
__the parties will establish a checking account for household and living expenses -
__joint account [vs __only the non-funding party may withdraw funds]
__the parties will later agree about funding the account
__Agreement will state the amount(s) to be funded
__both parties will provide monthly amounts
__just Husband will provide monthly amounts
__just Wife will provide monthly amounts
monthly amount to be funded by Husband: $
monthly amount to be funded by Wife: $
__amount(s) to be increased later (specify party) -
__by amount(s) after specific period(s) - describe:
__by an amount on each anniversary: $
__as the parties may agree
__if the parties have children [__per child]: $
__other:
__one party [__Husband/__Wife] will fund a savings account for the other party -
__monthly amount to be funded: $
__amount to be increased later -
__by amount(s) after specific period(s) - describe:
__by an amount on each anniversary: $
__as the parties may agree
__if the parties have children [__per child]: $
__other:
__ stock portfolios or similar intangible property held jointly shall require the signature of both parties [__except the checking account]
__the parties will cooperate in the execution of document to procure loans on separate property
__the parties intend to give gifts for the purpose of estate tax planning (e.g., annual gifts of $10,000) [__consent to gift splitting so the annual exclusion can be $20,000]

THE MARITAL RESIDENCE

After the marriage, the parties intend to have as their marital residence -
__an apartment [__but they later may purchase a home]
__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)

If the home is to be purchased -
__the residence has been picked - address:

__a house
__a condo
__a coop
__recite purchase price [__approximation only] - price: $
__parties will get a mortgage - amount: $

The costs of purchasing are to be -
__shared by the parties as they may later agree
__shared equally
__paid solely by one party [__Husband/__Wife]
__shared unequally, with the amounts or proportions to be specified in the Agreement -
__each party is to pay a specific fraction or percentage - specify:
__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: $
__Wife is to pay a fixed amount, and the balance is to be shared equally - fixed amount: $
Title is to be held -
__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 [__interest based on contributions vs __specific percentages] - percentages:
__as tenants in common without rights of survivorship, specifying the interest of each party [__interest based on contributions vs __specific percentages] - percentages:
__solely by one party [__Husband/__Wife]
If the home presently is owned by one party -
Address of home:
__a house
__condo
__coop
__presently encumbered by a mortgage - outstanding amount: $
Title to the home is to be -
__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 -
__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 - amount and schedule: $
The transfer is to take place -
__promptly after the marriage of the parties
__on the first anniversary of the marriage
__on some other anniversary:
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 -
__shared by the parties as they may later agree (intentionally vague)
__shared equally
__shared unequally, with the amounts or proportions to be specified -
__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:
__paid solely by one party [__Husband/__Wife]
__shared in proportion to their annual incomes
__the Agreement is to be silent on the subject

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
CHILDREN

With regard to having children -
__the parties intend to have children
__by birth
__adoption
__by birth or adoption
__Agreement is to expressly state the intention of the parties to have children - number:
__Agreement is to expressly state the intention of the parties not to have children
__the children are expressly to be raised in a particular religion - specify:

With regard to prior children of either party -
__the children are to reside with the parties [or __expressly are not to reside with them other than reasonable visitation]
__the other party is to adopt the children [or __expressly is not to adopt them]
__the other party is to pay child support in the event of a divorce [or __expressly is not to pay child support]
__the children are expressly to be raised in a particular religion - specify:
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 by divorce or annulment. 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 -

__the home is to be SOLD so their respective interests may be recovered
__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 [__Husband/__Wife]: $
__proceeds are to be first used to reimburse each party for their original contribution, and then divided equally
__one party [__Husband/__Wife] may continue to occupy the home

During the occupancy expenses of the home
__the non-occupying party
__equally
__other:

In addition to the death of the occupant, or voluntary vacating, the occupancy is to terminate -
__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 -
__the home is to be sold
__one party is to have an option to purchase the interest of the other party (describe below)
__one party is to be required to purchase the interest of the other party (describe below)
__one party [__Husband/__Wife] is to have an option to purchase the interest of the other party
amount to be paid is to be -
__the fair market value of the interest purchased
__notwithstanding the fair market value a minimum amount is to be paid to one party [__Husband/__Wife]: $
__an amount reflecting reimbursement of each party's contribution and then an equal division of the fair market value
__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
__one party [__Husband/__Wife] is to be required to purchase the interest of the other party
amount to be paid is to be -
__the fair market value of the interest purchased
__notwithstanding the fair market value a minimum amount is to be paid to one party [__Husband/__Wife]: $
__an amount reflecting reimbursement of each party's contribution and then an equal division of the fair market value
__the obligation is subject to the ability to get financing
__the Agreement is to be silent on the subject

__In the event of a divorce one party [__Husband/__Wife] is to pay the other party a lump sum amount and/or periodic payments for the maintenance of the other party -
__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
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 - additional amount: $
__the payment is to increase if the marriage has continued for a period of time - period(s) and new amount(s):
__the payment is to be a fixed amount adjusted by any increase in the Consumer Price Index over a base year - amount and base year: $
__an additional amount is to be paid if the parties have children [__per child]: $
__if the amount is to increase, there is to be a maximum limit: $
__the payment provisions apply only if the marriage lasted [__less than or __more than] a specific number of years - ____ years
If periodic payments for maintenance and support are to be made -
The periodic payments are to be: __monthly/ __weekly/ __ biweekly/ __annually __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 - additional amount: $
__the payments are to increase if the marriage has continued for a period of time - period(s) and new amount(s):
__the payments are to be a fixed amount adjusted by any increase in the Consumer Price Index over a base year - amount and base year: $
__an additional amount is to be paid if the parties have children [__per child]: $
__if the amount is to increase, there is to be a maximum limit: $
__the payment provisions apply only if the marriage lasted [__less than or __more than] a specific number of years - ____ years

In addition to the death of the recipient, payments are to terminate upon -
__remarriage of the recipient
__emancipation of all minor children
__the lapsing of a period equal to the duration of the marriage
__Agreement is to contain an express waiver of rights to alimony [__if the divorce occurs within ____ years/ __waiver ceases if the marriage lasts more than ____ years]
__if no periodic payments are to be required, the Agreement is to state that a court can determine questions of alimony

__Agreement is to discuss custody or child support of minor children in the event of a divorce (even though they may not yet have children and courts frequently override such provision) -
__the parties are to have joint custody
__joint custody, but the children will reside with [__Husband/__Wife]
__the parties both will provide reasonable child support
__but one party [__Husband/__Wife] will pay a minimum monthly amount: $
__there are specific items (e.g., a business or art, antiques or collectibles) that are to be separately discussed:



In the event of a divorce, items of joint or marital property (not otherwise specifically disposed of in the Agreement) are to be -
__divided evenly between the parties
__divided between the parties in percentages other than 50:50 - percentages:
__one party [__Husband/__Wife] is to get a fixed amount, and the balance goes to the other party - fixed amount: $
__transferred to just one party [__Husband/__Wife]
__divided evenly after each party has been reimburse for costs of acquisition
__divided in accordance with the laws of New York
__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
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 -
__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.

It is usually appropriate for each party to waive any statutory rights of election against the estate of the other under the laws of the jurisdictions in which they now or hereafter reside. If the Agreement provides for a minimum bequest to a party upon the death of the other, the waiver prevents the surviving party from evading the intent of the Agreement. Even if no minimum bequest is provided to a party, a waiver of the right of election frequently is appropriate. Rights of election against the estate of a deceased party are to be -
__waived by both parties
__waived by just Husband
__waived by just Wife
__waived by neither party
A minimum cash payment, upon death, is to be required from -
__both parties
__from Husband to Wife
__from Wife to Husband
__neither party

The minimum payment is to be (if both parties are required to make a minimum payment make notations to distinguish whether your answers to the following questions apply to Husband, Wife or both) -
__a fixed amount: $
__a percentage or fraction of the estate - specify:
__the entire estate
__the initial amount is to be increased by an additional amount for each year the marriage has continued - additional amount: $
__the amount is to increase if the marriage has continued for a period of time - period(s) and new amount(s):
__a fixed amount adjusted by any increase in the Consumer Price Index over a base year - amount and base year: $
__an additional amount is to be paid if the parties have children [__per child]: $
__if the amount is to increase, there is to be a maximum limit: $

__the lump sum may be satisfied by a QTIP or other marital deduction trust, reducing the value of the payment since the beneficiary is entitled only to income from the trust [__and a right to 5% or $5,000 of principal] - __the trust fund is to pass to the children of the parties

__the value of property passing by operation of law satisfies the lump sum payment

__the minimum payment is required only if the marriage lasted [__less than or __more than] a specific number of years - ____ years

__a life insurance policy is to be maintained to ensure that funds will be available to make the minimum payment [__unless health or age make the premiums unreasonable] - policy amount: $

__Agreement is to discuss portable unused exclusion amount (to let surviving spouse avoid federal estate tax)

With regard to the marital residence upon the death of either party -

If the home is held as tenants by the entirety or joint tenants with rights of survivorship, it will pass by operation of law to the surviving spouse. Is the Agreement to -

__recite that it will pass to the surviving spouse by operation of law (usually)
__the Agreement is to be silent on the subject
__one party [__Husband/ __Wife/ __both] as surviving spouse is to reimburse the estate of the deceased spouse for the value of the deceased spouse's interest
__one party [__Husband/__Wife] as surviving spouse is to convey the residence to the estate of the deceased spouse
__no compensation is to be paid by the estate for such transfer
__the estate is to pay the value of the surviving spouse's interest
__the estate is to pay a fixed amount: $
If the home is held as tenants in common, the residence is to be -
__devised to the surviving spouse under the last will and testament of the deceased spouse
__SOLD so that their respective interests may be recovered
__the surviving spouse may continue to occupy the home, subject to limitations -
__only if Wife is surviving spouse
__only if Husband is the surviving spouse
__either party
during the occupancy expenses of the home
__the surviving spouse
__the estate
__equally
__other:
In addition to the death of the surviving spouse, the occupation is to terminate upon -
__remarriage of the surviving spouse
__the emancipation of all minor children
__the lapsing of a period equal to the duration of the marriage
After the occupancy ceases -
__the home is to be sold
__the surviving spouse [or __the estate] is to have an option to purchase the interest of the other (complete the relevant questions below)
__the surviving spouse [or __the estate] is to be required to purchase the interest of the other (complete the relevant questions below)
__the surviving spouse [or __the estate of the deceased spouse] is to have an option to purchase the other's interest -
__notwithstanding the fair market value a minimum amount is to be paid to one party [__Husband/__Wife]: $
__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
__the surviving spouse [or __the estate] is to be required to purchase the other's interest -
__the obligation is subject to the ability to get financing
__notwithstanding the fair market value a minimum amount is to be paid to one party [__Husband/__Wife]
__the Agreement is to be silent on the subject
__there are specific items (e.g., a business or art, antiques or collectibles) that are to be separately discussed:


MISCELLANEOUS

Month in which the Agreement is to be executed:

With regard to existing debts -
__the Agreement is to be silent on the subject
__each party expressly is to pay his or her own existing debts
__one party [__Husband/__Wife] is to pay all [__just a portion] of the debts of the other - if just a portion enter the amount: $
existing debts of Husband: __no debts/ __has debts - amount and description: $
existing debts of Wife: __no debts/ __has debts - amount and description: $
With regard to the filing of income tax returns -
__the Agreement is to be silent on the subject
__the parties will file joint tax returns
__each party will pay the taxes attributable to his or her income
__all taxes are to be paid by one party [__Husband/__Wife]
__the parties will file separate tax returns
__the parties to represent that they know of no outstanding income tax liabilities
__each party has provided copies of tax returns to the other - for how many prior years:
With regard to medical insurance and expenses -
__the Agreement is to be silent on the subject
__each party expressly is to be responsible for his or her own medical insurance
__one party [__Husband/__Wife] is to maintain medical insurance [__including dental coverage] for the other
__each party expressly is to be responsible for his or her own uninsured medical expenses
__one party [__Husband/__Wife] is to pay uninsured medical expenses of the other

With regard to the medical condition of the parties -
__the Agreement is to be silent on the subject
Husband is __in good health/ __ has an illness or condition which should be disclosed:

Wife is __in good health/ __ has an illness or condition which should be disclosed:
With regard to care and support of parents of the parties -
__the Agreement is to be silent on the subject
__support of one or more parents is anticipated
identify which parents are alive, which parents will require support, and which party (or both) is to provided the support:

__recite the amount of anticipated support - annual amount: $
__amount may increase if medical condition changes
__one party [__Husband/__Wife] is to purchase an automobile for the other - type or cost:

__Agreement is to contain representations re NET WORTH and INCOME
Husband's approx. income: $________
Husband's net worth: between $________ and $________
Wife's approx. income: $________
Wife's net worth: between $________ and $________
__ Financial Statements are to be appended to the Agreement

__Agreement is to disclose the approximate annual amount of financial responsibilities for alimony and/or child support for prior spouses and children [__and copies of court documents have been provided] - specifics:

__the marriage will cause a party [__Husband/__Wife] to forfeit __alimony from a prior spouse/ __Social Security benefits drawn on the record of a prior spouse/ __benefits under a trust - describe:

__Agreement is to disclose the approximate amount of inheritance - identify party, amount and whether from parent and/or family:

__Agreement is to state the Social Security Numbers of the parties -
Husband:
Wife:
Other infrequently used provisions -
__Agreement is to recite when the parties expect to marry:
__recite the type of ceremony - __civil/ __religious:
__removal or barriers against remarriage
__female party is [__is not] to change her name - new name:
__express intention [__Husband/__Wife] to continue to work after the marriage
__disputes to be resolved by arbitration - where:
__one party [__Husband/__Wife] is to pay the attorneys' fees of the other in connection with negotiating the Agreement
__if there's a dispute, the defaulting party is to pay the attorneys' fees of the other
__if there is a substantial reduction of the net worth or income of a party [__Husband/ __Wife/ __both parties], such party may apply to a court for an equitable reduction of such party's financial obligations under the Agreement
__each party is to give access to financial records
__financial information is confidential
__publication of information about the marriage is prohibited
__double space the Agreement