SAMPLE ISSUES TO ADDRESS IN A MARITAL AGREEMENT
What do we want to do better?
Discussing Finances
Joint Accounts
Separate Accounts
Joint and Separate Accounts
Budgeting: Who gets to spend what?
When do we have to consult each other about spending anything?
Who has to make what amount?
Am I free to take time off if I want to?
What if my company wants to move me?
Property
Who owns what property?
In whose name do we hold property?
Transfers of property within the marriage
Tax consequences
Property held jointly with another
Estate Planning
Savings
Children’s Education, Retirement, Vacations, Cash Cushion
Borrowing
Home equity loans and mortgages
Credit cards
Wills
Trusts; Living and Testamentary
Estate tax consequences
Creation of Rights and Responsibilities
The process of reaching and Agreement
Do we agree the Agreement is legally admissible in evidence in any court action,
whether we are separated, legally separated, or divorced?
Raising the Children
Who feeds them, takes care of them, buys clothes, arranges for sitters and day care?
Who helps them with their homework?
Who takes them to a doctor’s appointments?
Who takes them to extra curricular activities; school, sports, arts/music, social etc?
Cooking and Running the Household
Who plans meals, buys food, prepares food, and cleans up?
Who shovels the driveway, landscapes, cleans the house, arranges for repairs, paints, interior and exterior of the house?
Who maintains the cars, deals with insurance, tires, repairs, inspections?
Who pays the bills, and from which account/s?
Sexual Relations
How often do we have sex and under what circumstances?
How do we make decisions about sex?
What do we want out Marital Agreement to say, if anything?
What else do you want to talk about?
Family, individual or joint counseling
Holidays; how much time do we spend with each spouse’s family?
Other issues
What happens if we don’t follow the Agreement?
If the Agreement is NOT legally enforceable because:
No Court will force you to stay married
No Court will force specific performance of the promises in your Agreement
No Court will make either of you pay money damages to the other
The Agreement fails to meet standards of fairness, full disclosure, legal consideration or other basic contract requirements
If the Agreement IS legally enforceable because:
You agree in writing that you both want to be enforceable
You agree the Agreement is admissible in evidence in a divorce or legal Separation
You adding property rights and cover other subjects in traditional premarital agreements
You periodically carry out specific terms of your Agreement
You define specific consequences from failure to comply with specific responsibilities
