Family LawProfessor Carbone

PREMARITALAGREEMENT EXERCISE

General Instructions: Thisexerciseinvolves a negotiation and drafting exercise. It isdesigned

tointroduce you to issues that will run through the entirecourse. The exerciseis mandatory, but

willbegraded on a pass-fail basis.It is likelyto be the subject of a question on the finalexam. It

is due on Feb. 5th.

Case Files: TomMarsh and Suzanne Biddle are an engaged couple who wouldlike to enter into a

premarital agreement. Suzannehas retained the firm of Lee andLevine; Tom has hired Rose and

Rossi. You are an associate at one of the two firms. In preparation for the case, you have been

asked to review 1) a note from your former family law professor who referred the case to you;2)

at 853-81, particularly870-75 and the PremaritalAgreement supplement, but ifthere is any

uncertainty, you should assume that the Act will govern. You are not expected to do outside

research. You shouldassumethat you are in a no-fault jurisdiction in which fault will beirrelevant

toanydivorce proceeding,andthat the jurisdiction has adopted some formof maritalproperty or

community property scheme inwhich property acquired during the marriagewill be subject to

division at divorce.

Establishing Firms: I wouldlike each person in the class to choose a partner. The two of you

willjointly represent one of the partiesto the transaction. Then, I will provide a signup sheet that

willallowtopair yourselves with an opposing group, who will represent the other party. You

and your partner will besupplied with some additional information, and then join with the

Negotiating with Opposing Counsel: Each teamshould arrange to meet outside of class. The

negotiating session is not tolast longer than one hour. Asyou negotiate, besure to note the

language on which you agreed. At the end of the allotted time, you should leave with a clear

indicationof whichterms have been resolved and which, if any, are stillindispute.

Preparing Your Final Draft: Prepare a final draft reflectingthe negotiated changes. Use[]

brackets to identify those terms which are stillindispute.

Turning in Your Case File: Complete the attached post-negotiationmemoandturn it in with

your case file. The file shouldcontain 1) the proposed agreement, 2) the two memos, and3) your

time sheet, including the total bill you would present tothe customer.

Confidentiality: The information you obtain during the interview isconfidentialand should not

be disclosedto anyone else in the class during the negotiation.

MEMO FROM THE DESK OF PROFESSOR CARBONE

Just a quick note toexplain the background of the case I havereferred to you. Tom and

Suzanne are MBA students at the Business School. Tom Marshhasworked since hefinished

college in a business his late father, my old friendAble Marsh, started years ago. Tom hasrun it

himself, since his father's death, I gather rather successfully. Hisfiancee, Suzanne, is the former

curatorofa private museum who decided after ten years in the non-profit sector to switch

careers. Currently, Tom lives in a condo he ownsin Center CityandSuzanne lives in a Dorm near

the Business School. Tom continuesto work at his business while pursuing hisstudies, and his

income has beenmore thansufficient to pay his way through school. Suzanne left her job to go

backto school andI gather has more debts than assets. She has done extremely well, however,

and tells me she hasaccepted a jobat a top flight company where her prospects for

advancement are excellent. Tom plans to continuehis current businessenterprise.

conversation, they wanted me to look over their"Draft Agreement" which theyadapted from a

I have glanced at their draft andit seemsasif they are both great believersingender equality.

Suzanne apparentlyrejects old fashioned ideas about female dependency. But they do seem to

believe strongly in marriage as a binding commitment and they are planning a religious

ceremony which seems to holda great deal of significance to them. They do seem to be very

much in love. They haveset their weddingdate for just a fewweeksfromnow, and long ago

somewhat urgent.

It ismy pleasure to refer this case (or half of it at least) to your competent hands and I wish

you the best of luck.

PREMARITALAGREEMENT

BETWEEN

SUZANNE O'BRIEN AND TOM MARSH

– – DRAFT– –

WHEREAS Tom and Suzanne intend to be married; and

WHEREAS Tom and Suzanne, althoughspirituallyunited, intend to conduct their married livesas

financially independent individuals and

WHEREAS Tom and Suzanne have each been informedof the other's financial condition

1. The parties agree that after the solemnization of their marriage each of themshall

separatelyretain as his or her own property any and all rights to any wages, income, earnings,

investments or other assets of anykindwhatsoever, real or personal, whether now owned or

2. Suzanne shallretain her own surname and Tom shallretain his own surname.

3. Tom and Suzanne shall each continue to pursue their professional careers.

responsibilities andcosts of child rearing.

7. Inthe event of divorce, Tom and Suzanne shall have joint custody of anychildren and shall

8. Inthe event of divorce, Tom waives any right to alimony or support from SuzanneandSuzanne

waives any right to alimony or support from Tom.

__________________________

TOM MARSH

____________________________

SUZANNE O'BRIEN

Attorney's Name:

Date:

Subject: Pre-Negotiation Memo

1.Enforceability of provisions:

Case Nameand Number:

Name ofAttorney:

Date:

Subject: Post Negotiation Memo

1.Yourgoals and strategies going into the negotiation.

2.Issues on which you prevailed, compromised or gave in.

III. The likelihood that your client willaccept the draft as negotiated. The likelihood the

other party will accept the draft as negotiated.

IV.Whether the final draft meets the fairness requirements of UPAA section 6 based on

HARRISON THOMAS, Appellant, vs. ALICE CAROLYN