Fillable Printable Prenuptial Agreement Form Printable
Fillable Printable Prenuptial Agreement Form Printable
Prenuptial Agreement Form Printable
Please send completed ques tionnaire to:
Aaron, Riechert, Carpol & Riffle, APC
P.O. Box 5787
Redwood City, CA 94063
General Fax: 650.367.8531
PRENUPTIAL AGREEMENT QUESTIONNAIRE
Please complete this form and return to the address listed above. For optimum accuracy, please type or print clearl y. If necessary
please use additional sheets o f paper to answer the questions.
GENERAL CLIENT INFORMATION
CLIENT NAME (LAST) FIRST MI SOCIAL SECURITY NUMBER BIRTH DATE
/ /
PROSPECTIVE SPOUSE’S NAME (LAST) FIRST MI SOCIAL SECURITY NUMBER BIRTH DATE
/ /
CLIENT’S ADDRESS
HOME TELEPHONE HOME FAX CELLULAR PHONE
WORK TELEPHONE WORK FAX EMAIL
ANTICIPATED DATE OF MARRIAGE
/ /
I. PERSONAL AND FAMILY DATA
A
DOES EITHER PARTY HAVE ASSUMED OR FORMER NAMES, SUCH AS A MAIDEN NAME, OR NICKNAMES, THAT SHOULD BE INCLUDED? YES NO
IF SO, WHAT ARE THEY?
B
DOES EITHER PARTY HAVE PREVIOUS MARRIAGE(S)? YES NO IF YES, PLEASE STATE THE NAME(S) OF THE FORMER SPOUSE(S), AND THE
YEAR THAT THE DEATH OCCURRED, OR DISSOLUTION OF MARRIAGE WAS FINAL.
C
ARE BOTH PARTIES U.S. CITIZENS? YES NO
IF NOT A U.S. CITIZEN, WHAT IS THE COUNTRY OF CITIZENSHIP? _________________________ FOR WHOM? _________________________
D
ARE THERE ANY CHILDREN FROM A PRIOR MARRIAGE OR PRIOR RELATIONSHIP FOR EITHER PARTY? YES NO
NAME BIRTH DATE
/ /
MOTHER’S NAME FATHER’S NAME
/ /
/ /
E
WE STRONGLY RECOMMEND THAT YOUR PROSPECTIVE SPOUSE IS REPRESENTED BY SEPARATE COUNSEL IN ORDER TO STRENGTHEN THE
EFFECTIVENESS OF THE PRENUPTIAL AGREEMENT. IF YOUR PROSPECTIVE SPOUSE WILL RETAIN COUNSEL, PLEASE FURNISH SUCH COUNSEL’S
NAME AND CONTACT INFORMATION.
NAME OF COUNSEL ADDRESS
WORK TELEPHONE
EMAIL ADDRESS
Estate Planning Questionnaire page 2 of 5
II. CLIENT’S ASSETS & OTHER FINANCIAL INFORMATION
A
REAL ESTATE. IF POSSIBLE, PLEASE PROVIDE COPIES OF THE DEEDS (NOT DEEDS OF TRUST).
ADDRESS TITLE IS HELD AS FOLLOWS: FAIR MARKET VALUE
$
AMOUNT OWED
$
$ $
$ $
B
IRAS (INDIVIDUAL RETIREMENT ACCOUNTS)
NAME OF INSTITUTION AND OWNER ACCOUNT NUMBER VALUE
$
DESIGNATED BENEFICIARY
$
$
C
OTHER RETIREMENT PLANS (INCLUDING PENSI ONS AND DEFERRED COMPENSATION)
NAME OF PLAN PARTICIPANT VALUE
$
DESIGNATED BENEFICIARY
$
D
LIFE INSURANCE AND ANNUITIES
NAME OF COMPANY ACCOUNT NUMBER FACE AMOUNT
$
DESIGNATED BENEFICIARY
$
$
E
STOCKS AND BONDS. LIST BELOW OR PROVIDE COPIES OF RECENT STATEMENTS OR CERTIFICATES.
NAME OF SECURITY OR BROKERAGE TITLE OF ACCOUNT IS AS FOLLOWS: NUMBER OF SHARES
(IF APPLICABLE)
CURRENT VALUE
$
$
$
F
CASH
NAME OF FINANCIAL INSTITUTION TITLE OF ACCOUNT IS AS FOLLOWS: ACCOUNT NUMBER CURRENT
BALANCE
$
$
$
G
INCOME
ANNUAL SALARY OF CLIENT
$
ANNUAL SALARY OF PROSPECTIVE SPOUSE
$
DO YOU HAVE INCOME FROM OTHER SOURCES? YES NO IF YES, PLEASE LIST.
SOURCE OF INCOME ANNUAL AMOUNT
$
Estate Planning Questionnaire page 3 of 5
H
OTHER ASSETS (E.G. PARTNERSHIPS, OTHER BUSINESS INTEREST, OR HIGHLY VALUED AUTOMOBILES, ANTIQUES, ART, JEWELRY, ETC.)
ASSET FAIR MARKET VALUE
$
$
$
I
DOES EITHER PARTY EXPECT TO INHERIT PROPERTY? YES NO WHO? ________________________________ __
IF YES, PLEASE LIST THE ESTIMATED VALUE: $____________
J
ASIDE FROM ANY MORTGAGES OR DEEDS OF TRUST FROM REAL ESTATE, DO YOU HAVE ANY DEBT? YES NO
IF YES, PLEASE LIST.
$
$
K
DO YOU HOLD ANY ASSETS IN JOINT TENANCY WITH YOUR PROSPECTIVE SPOUSE? YES NO
IF YES, PLEASE LIST.
L
DO YOU HOLD ANY ASSETS IN JOINT TENANCY WITH SOMEONE OTHER THAN YOUR SPOUSE OR JOINTLY WITH ANOTHER PARTY? YES NO
IF YES, PLEASE LIST.
III. 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 SPOUSE DIES.
UNDER CALIFORNIA LAW, THE DEFINITION OF SEPARATE PROPERTY AUTOMATICALLY INCLUDES PROPERTY ACQUIRED BY A PARTY PRIOR TO THE
MARRIAGE AND PROPERTY ACQUIRED (AT ANY TIME) BY GIFT OR INHERITANCE. IN ADDITION, IN MOST CIRCUMSTANCES, SEPARATE PROPERTY ALSO
INCLUDES ANDY RENTS AND PROFITS FROM THE SEPARATE PROPERTY DEFINED ABOVE.
ALTERNATIVELY, COMMUNITY PROPERTY REFERS TO ALL OTHER PROPERTY ACQUIRED DURING MARRIAGE BY EITHER SPOUSE AS A RESULT OF HIS OR
HER EFFORT (E.G. EMPLOYMENT COMPENSATION).
A PREMARITAL AGREEMENT CAN CONFIRM AND ALSO CHANGE THE CHARACTERIZATION OF PROPERTY DEPENDING ON THE PARTIES’ AGREEMENT.
A
PLEASE CHECK WHICH PROPERTY YOU WOULD LIKE TO REMAIN SEPARATE PROPERTY
PROPERTY ACQUIRED BY GIFT OR
INHERITANCE
PROPERTY ACQUIRED BEFORE MARRAIGE COMPENSATION FOR PERSONAL SERVICES
DURING MARRIAGE
INCOME DERIVED FROM SEPARATE
PROPERTY
RETIREMENT OR PENSION BENEFITS OWNED
BEFORE MARRAIGE
RETIREMENT OR PENSION BENEFITS
ACQUIRED DURING MARRAIGE
THE PROCEEDS OF THE SALE OF SEPARATE
PROPERTY
PROPERTY ACQUIRED IN EXCHANGE FOR
SEPARATE PROPERTY OR ACQUIRED WITH THE
SALE OF SEPARATE PROPERTY
INCREASES IN THE VALUE OF YOUR
SEPARATE PROPERTY ASSESTS CAUSED BY
YOUR EFFORTS DURING MARRIAGE
B
YOU MAY ACQUIRE JOINT OR MARITAL PROPERTY, SUCH AS A HOME ACQUIRED IN BOTH YOUR NAMES AND GIFTS. CHECK IF YOU ANTICPATE THE
FOLLOWING:
YOU MAY ACQUIRE SOME COMMUNITY PROPERTY WITH YOUR PROSPECTIVE SPOUSE.
YOU DO NOT INTEND TO CREATE ANY COMMUNITY PROPERTY ALTHOUGH DOING SO IS POSSIBLE.
NO PROPERTY ACQUIRED DURING MARRIAGE IS TO BE TREATED AS COMMUNITY PROPERTY (UNLESS THE PARTIES SIGN A SEPARATE WRITING
IDENTIFYING SUCH AS COMMUNITY PROPERTY).
ALL PROPERTY YOU ACQUIRE DURING MARRIAGE, UNLESS FALLING WITHIN THE DEFINITION OF SEPARATE PROPERTY, SHOULD BE TREATED AS
COMMUNITY PROPERTY.
Estate Planning Questionnaire page 4 of 5
C
RECHARACTERIZATION OF PROPERTY
DO YOU WANT TO SPECIFY THAT IF YOU COMMINGLE YOUR SEPARATE PROPERTY TO ACQUIRE NEW PROPERTY, THE INTERESTS OF THE PARTIES ARE TO
REMAIN SEPARATE PROPERTY (IN PROPORTION TO THE AMOUNT CONTRIBUTED BY EACH)? YES NO
DO YOU WANT TO SPECIFY THAT YOUR SEPARATE PROPERTY CAN ONLY BE RECLASSIFIED AS COMMUNITY PROPERTY BY A WRITING EXECUTED BY THE
OWNER OF THE SEPARATE PROPERTY? YES NO
IF YOU CONTRIBUTE SEPARATE PROPERTY TO ACQUIRE AN ASSET TO BE HELD IN THE NAMES OF YOU AND YOUR PROSPECTIVE SPOUSE, DO YOU WISH
TO RECEIVE YOUR SEPARATE PROPERTY BACK IN THE EVENT OF DISSOLUTION OF MARRIAGE? YES NO
IF YES, DO YOU WANT TO RECEIVE INTEREST OR APPRECIATION ON THE SEPARATE PROPERTY YOU RECEIVE BACK?
D
LIVING EXPENSES
WITH REGARD TO LIVING EXPENSES (E.G. FOOD, CLOTHING, MEDICAL INSURANCE, TRAVEL, AND ENTERTAINMENT), THE EXPENSES 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 (E.G. BY FRACTION OR PERCENTAGE, FIXED
AMOUNT, PROPORTION TO INCOME, ETC).
THE AGREEMENT WILL BE SILENT
WILL THE PARTIES ESTABLISH A JOINT CHECKING ACCOUNT FOR HOUSEHOLD AND LIVING EXPENSES YES NO
JOINT ACCOUNT WITH DEPOSITS BECOMING COMMUNITY PROPERTY
THE PARTIES WILL LATER AGREE ABOUT FUNDING AN ACCOUNT
AGREEMENT WILL STATE THE AMOUNTS TO BY FUNDED AND BY WHOM WITH DEPOSITS BECOMING COMMUNITY PROPERTY
IF DEPOSITS INTO THE JOINT CHECKING ACCOUNT ARE INSUFFICIENT TO COVER THE LIVING EXPENSES, HOW WILL THIS BE RESOLVED?
IV. AGREEMENT PROVISIONS
A
MARITAL RESIDENCE
WHERE WILL THE MARITAL HOME BE LOCATED?
ADDRESS
WHO OWNS THIS PROPERTY?
DO YOU EVER INTEND TO TRANSFER ANY OWNERSHIP INTEREST IN THIS MARITAL RESIDENCE TO YOUR PROSPECTIVE SPOUSE? YES NO
DO YOU ANTICIPATE ANY IMPROVEMENTS TO THIS PROPERTY IN THE FUTURE? YES NO
IF YES, HOW DO YOU INTEND TO PAY THE DEBT ONCE YOU ARE MARRIED?
IS THERE AN ENCUMBRANCE ON THIS PROPERTY? YES NO
IF YES, HOW DO YOU INTEND TO PAY THE DEBT ONCE YOU ARE MARRIED? PROPERTY TAX AND HOMEOWNER’S INSURANCE?
B
SPOUSAL SUPPORT
DO YOU WANT YOUR PROSPECTIVE SPOUSE TO AGREE TO A WAIVER OF SPOUSAL SUPPORT? YES NO
DO YOU WANT YOUR PROSPECTIVE SPOUSE TO AGREE TO A LIMITATION OF SPOUSAL SUPPORT? YES NO
IF YES, WHAT LIMITATION?
DO YOU WANT YOUR PROSPECTIVE SPOUSE TO AGREE TO A LUMP SUM PAYMENT OF SPOUSAL SUPPORT? YES NO
IF YES, WHAT LUMP SUM?
C
GIFTS
ARE GIFTS TO THE OTHER SPOUSE TO BE THAT SPOUSE’S SEPARATE PROPERTY? OR TO REMAIN COMMUNITY PROPERTY?
D
INCOME TAX RETURNS
WITH REGARD TO FILING INCOME TAX RETURNS,
THE PARTIES WILL FILE JOINT RETURNS AND THE COST OF PREPARATION AND ANY TAX LIABILITY WILL BE PAID EQUALLY BY THE PARTI ES
THE PARTIES WILL FILE JOINT RETURNS AND THE COST OF PREPARATION AND ANY TAX LIABILITY WILL BE APPORTIONED BASED ON THE SPOUSE’S
INCOME
THE PARTIES WILL FILE JOINT RETURNS AND THE COST OF PREPARATION AND ANY TAX LIABILITY WILL BE PAID BY ___________________________
THE PARTIES WILL FILE SEPARATE TAX RETURNS AND EACH WILL BE RESPONSIBLE FOR THE COST OF PREPARATION AND ANY TAX LIABILITY
THE AGREEMENT WILL BE SILENT ON THE SUBJECT
Estate Planning Questionnaire page 5 of 5
E
DEBTS
WITH REGARD TO EXISTING DEBTS
EACH PARTY IS EXPRESSLY RESPONSIBLE TO PAY HIS OR HER OWN EXISTING DEBTS AT THE TIME OF THE MARRIAGE
ONE PARTY ________ WILL PAY ALL THE DEBTS OF THE OTHER SPOUSE ___________
THE AGREEMENT WILL BE SILENT ON THE SUBJECT
V. MISCELLANEOUS
A
PRIOR AGREEMENTS
HAVE YOU AGREED TO LEAVE YOUR PROSPECTIVE SPOUSE ANY SPECIFIC PROPERTY IN YOUR ESTATE PLAN (I.E. WILL OR TRUST)? YES NO
HAVE YOU AGREED TO NAME YOUR PROSPECTIVE SPOUSE AS BENEFICIARY OF ANY LIFE INSURANCE PROCEEDS? YES NO
HAVE YOU AGREED TO NAME YOUR PROSPECTIVE SPOUSE ANY MONEY? YES NO
HAVE YOU AGREED TO NAME YOUR PROSPECTIVE SPOUSE AS BENEFICIARY OF ANY EMPLOYMENT BENEFITS? YES NO
HAVE YOU AGREED TO OWN ANY ASSETS JOINTLY WITH YOUR SPOUSE WITH RIGHT OF SURVIVORSHIP? YES NO
HAVE YOU AGREED TO TRANSFER ANY OF YOUR PROPERTY TO YOUR PROSPECTIVE SPOUSE? YES NO
B
RIGHTS UPON DEATH OF PARTY
IN CALIFORNIA, THERE ARE CERTAIN RIGHTS AND BENEFITS A SPOUSE IS ENTITLED TO ONCE THE OTHER SPOUSE DIES. THESE RIGHTS INCLUDE, BUT ARE
NOT LIMITED TO, THE RIGHT TO A FAMILY ALLOWANCE, THE RIGHT TO LIVE IN THE MARITAL RESIDENCE, THE RIGHT TO ACT AS AN EXECUTOR OF AN
ESTATE.
DO YOU WANT YOUR PROSPECTIVE SPOUSE TO AGREE TO A COMPLETE WAIVER OF RIGHTS UPON YOUR DEATH UNLESS THERE IS A WRITING EXECUTED
AFTER THE DATE OF THE MARRIAGE? YES NO
