--- 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. author: CaseMark author_url: https://github.com/CaseMark/skills/tree/main/skills/legal/prenuptial-postnuptial-agreement license: Apache-2.0 version: 0.1.0 execution_mode: open jurisdiction: us practice: family language: en tags: [agreement, drafting, litigation] --- # Prenuptial or Postnuptial Agreement Produces a jurisdiction-compliant marital agreement that is disclosure-complete and defensible against enforceability challenges. ## Prerequisites Collect before drafting: 1. **Type and jurisdiction** — prenuptial or postnuptial; execution state, residence state, forum state. 2. **Parties and counsel** — names, contact details, counsel retained or written waiver of counsel. 3. **Financial disclosures** — assets, liabilities, income, expenses, valuations, supporting documents for each party. 4. **Intended outcomes** — separate vs. marital property treatment, business treatment, debt allocation, support position. 5. **Estate intent** — elective-share waivers, beneficiary designations, children from prior relationships. 6. **Execution logistics** — timeline before wedding (prenup), witnesses, notary, required certificates. ## Quick Start 1. Confirm agreement type and governing jurisdiction. 2. Run the Jurisdiction Gate (step 1 below). 3. Collect full financial disclosures from both parties. 4. Draft the agreement following the Core Workflow. 5. 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: 1. **Title** — "Premarital Agreement" or "Postnuptial Agreement" 2. **Recitals** — marriage status, intent, voluntariness, disclosure acknowledgment 3. **Definitions** — separate property, marital property, commingling, appreciation 4. **Financial Disclosure Schedules** — Exhibits A and B (see Disclosure Format below) 5. **Property Classification and Division** — use the classification matrix to map each asset category to separate (A), separate (B), marital, or special treatment 6. **Business Interests** — ownership stays separate unless stated; define marital-effort compensation formula or waiver; restrict equity transfers; address dissolution valuation 7. **Debt Allocation** — pre-marital (originating party + indemnity), marital (by incurrence, benefit, or income ratio), joint (primary obligor + refi), tax (joint-return allocation + audit cooperation) 8. **Spousal Support / Maintenance** — choose: full waiver (scope, temp vs. permanent, modifiability), limited support (duration, cap, triggers, termination), or enforceability rider acknowledging state constraints 9. **Estate Rights and Death Provisions** — elective-share/community-property waiver, retirement survivor-benefits waiver (ERISA), life insurance obligations, estate-plan alignment 10. **Taxes, Insurance, Beneficiary Designations** 11. **Dispute Resolution and Venue** 12. **Modification / Sunset / Review** 13. **Boilerplate** — notices, confidentiality, severability, integration 14. **Execution Block** — signatures, notary, witnesses, counsel certificates ### 3. Attach Financial Disclosure Schedules Each exhibit (A for Party A, B for Party B) must contain: - **Assets** — real property (address, ownership %, value, encumbrances), accounts (institution, type, balance), retirement (plan type, vested value), business interests (entity, % ownership, valuation method), vehicles (make/model/year, value, lien), IP/royalties (description, value estimate) - **Liabilities** — secured (creditor, collateral, balance), unsecured (creditor, balance), tax obligations (year, amount) - **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.