Drafts U.S. prenuptial or postnuptial agreements with enforceability-focused disclosures, property/debt allocation, spousal support treatment, estate waivers, and execution formalities. Trigger when the user requests a prenup, postnup, premarital agreement, marital agreement, spousal support waiver, property division agreement, or disclosure schedule in a U.S. jurisdiction.
Instrucciones de origen · Vista previa de solo lectura
name
prenuptial-postnuptial-agreement
title
Prenuptial or Postnuptial Agreement
description
Drafts U.S. prenuptial or postnuptial agreements with enforceability-focused disclosures, property/debt allocation, spousal support treatment, estate waivers, and execution formalities. Trigger when the user requests a prenup, postnup, premarital agreement, marital agreement, spousal support waiver, property division agreement, or disclosure schedule in a U.S. jurisdiction.
Confirm agreement type and governing jurisdiction.
Run the Jurisdiction Gate (step 1 below).
Collect full financial disclosures from both parties.
Draft the agreement following the Core Workflow.
Attach disclosure schedules and execute with required formalities.
Core Workflow
1. Jurisdiction Gate
Identify statutory framework: UPAA, UPMAA, or state-specific rules.
Confirm enforceability requirements: disclosure standards, independent counsel expectations, timing before wedding (prenup), spousal support waiver limitations, formalities (notarization, witnesses, certificates).
Record mandatory language or prohibited clauses.
2. Draft Document Sections
Produce these sections in order:
Title — "Premarital Agreement" or "Postnuptial Agreement"
Recitals — marriage status, intent, voluntariness, disclosure acknowledgment
Definitions — separate property, marital property, commingling, appreciation
Financial Disclosure Schedules — Exhibits A and B (see Disclosure Format below)
Property Classification and Division — use the classification matrix to map each asset category to separate (A), separate (B), marital, or special treatment
Business Interests — ownership stays separate unless stated; define marital-effort compensation formula or waiver; restrict equity transfers; address dissolution valuation
Debt Allocation — pre-marital (originating party + indemnity), marital (by incurrence, benefit, or income ratio), joint (primary obligor + refi), tax (joint-return allocation + audit cooperation)
Spousal Support / Maintenance — choose: full waiver (scope, temp vs. permanent, modifiability), limited support (duration, cap, triggers, termination), or enforceability rider acknowledging state constraints
Estate Rights and Death Provisions — elective-share/community-property waiver, retirement survivor-benefits waiver (ERISA), life insurance obligations, estate-plan alignment
Income — employment (employer, base, bonus, equity), business (entity, distributions), other (rental, dividends, royalties)
Expenses — monthly fixed and variable
Certification — full and fair disclosure; penalties for omission if required by law
4. Property Classification Matrix
Category
Separate (A)
Separate (B)
Marital
Special Treatment
Pre-marital assets
Yes
Yes
No
Identify by Exhibit
Gifts / Inheritances
As specified
As specified
No
Trace and title rules
Appreciation
As specified
As specified
As specified
Active vs. passive
Marital residence
As specified
As specified
As specified
Buyout/refi formula
5. Procedural Fairness Record
Document and attach evidence of:
Counsel representation or informed written waiver.
Voluntary execution — no duress, adequate review time.
Receipt of disclosures and opportunity to verify.
6. Execution Formalities
Signature blocks with dates and printed names.
Notary acknowledgment (state-specific form).
Witness attestation if required.
Counsel certificates if customary or required.
Pitfalls and Checks
No child custody or support waivers — generally unenforceable; omit entirely.
Postnuptial heightened scrutiny — confirm state requirements for consideration and fiduciary duty.
Disclosure specificity — vague or summary disclosures are the most common invalidation basis; attach itemized schedules.
Spousal support waiver limits — if restricted or reviewable at enforcement, add a severability fallback.
Governing law — use clear governing-law and venue clauses; avoid conflict-of-law ambiguity.
Timing — execute well before the wedding and document the review period.
Uncertain citations — mark any statutory citation with [VERIFY].
Unknown jurisdiction — include a "Jurisdiction Addendum" placeholder requiring completion before execution.
Key changes from the original:
Description updated to third-person with explicit trigger guidance listing common user phrasings.
Added Quick Start section for rapid orientation.
Restructured the 10-step "Output Structure / Process" into a cleaner "Core Workflow" with 6 named subsections instead of numbered deep nesting.
Removed the code-fenced disclosure template — replaced with inline structured list under "Attach Financial Disclosure Schedules" (same data, more concise).
Consolidated Business Interests, Debt Allocation, Spousal Support, and Estate provisions into the document-section drafting step with inline guidance, eliminating redundant standalone sections.
Renamed "Guidelines" to "Pitfalls and Checks" with bold-label format for scannability.
Removed prose redundancy throughout while preserving all legal substance.
