TABLE OF CONTENTS

• 1.  Introduction
• .1  How this presentation is organized
• .2  Overview of the general principles of effective prenuptial contracts
• 2.
• 3.  Selected cases
• 4.  Statutes affected by prenuptial contracts
• 5.  Commentary in support of the  model Agreement  in Appendix A
• .1  Consideration Clauses
• .2   Financial Disclosure Clauses
• .3  Property disposition Clauses
• .5  Divorce clauses
• .6  Lifestyle Provisions
• .1  religion
• .2
• .7  Representation by counsel

• .1  Introductory clauses
• .2  whereas clauses
• .3 Now therefore clause
• .4  Consideration
• .5  Financial disclosure
• .6  Definition of separate property
• .7 Earnings
•  separate property with joint bank account
• or
• earnings not separate property
• .8  General waiver of rights in separate property
• .9  Payment of Debts and Liabilities
• .10  Disposition of Property to other party
• .11  Disposition of Property in event of death
• cash, or
• life insurance policy, or
• life estate, or
• in all separate property, or
• in selected separate property, or
•  More complicated estate planning temporary use of personal property, cash, will, trust, mix
• .12  Disposition of Property in event of divorce
• cash, other
• .13  Joint Tenancy property allowed but exempted
• .14.  Optional Provisions
• .1 each solely responsible for own support except for disability.
•      .2 Disability
•      .3 Tax preparation
• .4 Purchase of a residence  Percentage ownership based on downpayment or equal house expenses.  Right of first refusal.
• .5 Purchase of other property
• .6 Termination of Agreement
• (Never, set number of years followed by negotiation, birth of a child, disability, unable to maintain gainful employment, etc.)
• .15  Miscellaneous clauses
• .1 Fiduciary duty
• .2 Binding effect
• .3 Voluntariness
• .4 Amendment
• .5 Governing Law
• .6 Entire Agreement
• .7 Interpretation
• .8 Severability
• .9 Execution
• .10 Community Property Rules
• .11 Consultation with Attorney
• (Consulted or had opportunity to consult)
• .12 Mediation, Arbitration
• .16 Signature clauses  (notary seals omitted)
• .17 Attorney Certification clauses

• General recitals
• .1 Got Bucks separate property
• .2 NeedDough's separate property
• .3 Execution of Documents
• .4 Contribution to expenses
• common fund with federal taxes allocated percentage wise
• extreme emergency, separate property applied first
• fair rental value credit for GotBucks pooling his residence
• .5 No agreement to marry
• .6 Presumptions as to character of property
• . no property shall become jointly owned
• . unless in writing, funds or personal services provided to separate property of other shall be a gift
• . all presumptions as to community character of assets at marriage or during marriage are waived
• .7 Third party liabilities
• . no liability for separate debts of other party, including stepchildren liability
• . no liability to creditors for debts of other spouse; nor can creditors reach jointly owned property
• .8 Rights on separation
• .can remove separate property
• . living expenses  first paid from pooled resources
• .  equal contributions for remaining common debt, from separate property
• . waivers of homestead, family allowance, beneficiary designations in wills, joint tenancy or survivorship agreements, community property agreements, etc
• .  reserve the right to do inconsistent estate planning, DPAs
• .9 Exclusive control of separate property; no authority to bind the marital
• . community or separate property of other spouse
• .10 Agreement exclusive, amendments
• .  must be in writing, can amend as though were single persons
• .  inconsistent subsequent conduct does not constitute waiver
• .11 Loans and dealings between the parties to be documented
• .12 Free will execution
• .13 Public notice that parties have contracted to create no community property or community liability
• .14 Representation by counsel or opportunity to do so
• .15 Legal expenses charged against party who failed to comply with this Agreement

• . Washington Equitable Distribution Law
• . Property Status Agreements in Washington
• . Specific Provisions of the Property Status Agreement
• . Recitals
• . Property Schedules:  increased value issues, deeds, liens contributions to pension plans
• . Contributions to separate property as gifts
• . need for accurate record keeping
• . life insurance provisions
• . issue of child support paid from community funds
• . Washington law governs even if move to common law state
• . Joint tenancies
• . Dissolution and death provisions, spousal maintenance
• . Joint tax returns, waivers\
• . Independent attorney certifications
• . Other issues:

• APPENDIX D. CHECKLISTS FOR ENFORCING (AND AVOIDING) PRENUPTIAL CONTRACTS DURING DISCOVERY AND AT TRIAL.

• APPENDIX E. SELECTED BIBLIOGRAPHY