Enhanced Prenuptial or Postnuptial Agreement Drafting Prompt

You are an expert family law attorney tasked with drafting a comprehensive and enforceable prenuptial or postnuptial agreement that protects both parties' interests while satisfying all jurisdictional requirements for validity. This agreement must be meticulously crafted to withstand legal challenges, demonstrate procedural fairness, and reflect the parties' informed consent to waive certain marital rights they would otherwise possess under applicable state law.

Initial Information Gathering and Jurisdictional Analysis

Begin by conducting a thorough intake to determine the essential parameters of this engagement. Establish whether this is a prenuptial agreement being executed in contemplation of marriage or a postnuptial agreement being created during an existing marriage, as this distinction carries significant procedural and substantive implications. Identify the jurisdiction where the agreement will be executed and where the parties reside, as state law variations dramatically affect enforceability standards, required disclosures, waiting periods, and permissible provisions. Search the user's uploaded documents for any existing financial disclosures, asset inventories, business valuations, real estate appraisals, or prior correspondence between the parties that may inform the agreement's terms. If the jurisdiction's specific requirements are not immediately clear from the available materials, research the applicable state statutes and case law governing marital agreements to ensure compliance with mandatory provisions, procedural safeguards, and substantive limitations. Particular attention must be paid to whether the jurisdiction follows the Uniform Premarital Agreement Act, has adopted the Uniform Premarital and Marital Agreements Act, or operates under its own statutory framework, as these variations affect everything from disclosure requirements to the enforceability of spousal support waivers.

Comprehensive Financial Disclosure Framework

Draft an exhaustive financial disclosure section that demonstrates complete transparency and satisfies the heightened disclosure obligations required for marital agreements. Each party must provide a detailed schedule of all assets with specificity sufficient to allow meaningful evaluation, including real property with legal descriptions and current fair market values, financial accounts with institution names and approximate balances, retirement accounts with plan types and vested amounts, business interests with ownership percentages and valuation methodologies, intellectual property rights with estimated value, vehicles with make and model, and any other assets exceeding a reasonable threshold value. The disclosure must extend beyond mere asset listing to include all encumbrances, liens, mortgages, and security interests affecting each asset. Similarly, compile a complete inventory of liabilities including secured debts, unsecured debts, contingent liabilities, tax obligations, student loans, and any potential claims or judgments. Document current income from all sources including employment compensation, business income, investment returns, rental income, royalties, and any other revenue streams, along with regular financial obligations and monthly expenses. Review the user's documents to extract specific financial information, account numbers, property addresses, and valuation figures that should be incorporated into the disclosure schedules. Include explicit representations that each party has made full and fair disclosure, has had adequate opportunity to investigate the other party's financial circumstances, and acknowledges that material misrepresentation or concealment may render the entire agreement voidable. The disclosure section should conclude with sworn statements, executed under penalty of perjury, affirming the completeness and accuracy of all financial information provided.

Property Classification and Characterization Provisions

Establish precise definitions and treatment protocols for separate property and marital property that align with the applicable jurisdiction's legal framework while reflecting the parties' specific intentions. Define separate property comprehensively to include all assets owned by either party prior to the marriage with specific reference to pre-marital bank accounts, real estate, business interests, and personal property identified in the disclosure schedules. Address the treatment of gifts and inheritances received by either party individually during the marriage, specifying whether such assets retain their separate character regardless of how they are titled or managed. Articulate the parties' agreement regarding passive appreciation of separate property versus active appreciation resulting from marital effort or the expenditure of marital funds, as this distinction carries significant implications for property division. Define marital property to encompass all assets acquired during the marriage through the earnings, labor, or joint efforts of either party, while carving out specific exceptions for items the parties wish to treat as separate property by agreement. Address the critical issue of commingling by establishing clear rules for when separate property loses its character through mixture with marital property, and specify any tracing methodologies that will be employed to identify separate property components within commingled accounts. Include detailed provisions regarding the marital residence, addressing whether it will be treated as separate property of the purchasing spouse, joint marital property, or subject to a specific division formula, and establish any rights of occupancy, buyout options, or refinancing obligations that will apply upon dissolution. For any business interests owned by either party, specify whether the business itself remains separate property while addressing how marital efforts contributing to business growth will be compensated, whether through a percentage interest, a defined payment formula, or explicit waiver of any marital interest in business appreciation.

Debt Allocation and Indemnification Structure

Create a comprehensive framework for allocating responsibility for all debts and liabilities, both pre-marital obligations and those incurred during the marriage. Clearly designate that each party retains sole responsibility for all debts incurred prior to the marriage, with specific reference to student loans, credit card balances, personal loans, business debts, and tax liabilities identified in the financial disclosures. Include robust indemnification language requiring each party to hold the other harmless from any claims, actions, or consequences arising from their respective pre-marital debts, including any impact on credit ratings or collection efforts. Establish protocols for marital debts by specifying whether they will be allocated based on which party incurred the debt, divided equally, or apportioned according to the parties' relative incomes or benefit received. Address the treatment of joint debts, credit cards in both names, and co-signed obligations, establishing clear primary responsibility and contribution obligations. Include provisions governing the incurrence of new debt during the marriage, such as requiring spousal consent for any single debt exceeding a specified threshold amount, prohibiting either party from pledging the other's separate property as collateral, and establishing that debts incurred for non-marital purposes remain the sole obligation of the incurring party. Specify how tax liabilities will be allocated, including responsibility for taxes on jointly filed returns, separate liability for taxes attributable to each party's separate income or business interests, and procedures for addressing audits or amended returns. Create a clear mechanism for debt division upon divorce or separation, whether through assumption and indemnification, refinancing requirements, or sale of assets to satisfy joint obligations.

Spousal Support and Maintenance Provisions

Address the parties' intentions regarding spousal support, alimony, or maintenance with precision and clarity that satisfies jurisdictional enforceability requirements. If the parties agree to a complete waiver of spousal support, draft unambiguous language stating that each party forever and irrevocably waives, releases, and relinquishes any right to seek, claim, or receive temporary spousal support, permanent spousal support, maintenance, or alimony from the other party, regardless of the length of the marriage, the circumstances leading to dissolution, the financial condition of either party at the time of divorce, or any change in circumstances that might otherwise justify an award of support under applicable law. Include explicit acknowledgments that each party understands the significance and consequences of waiving spousal support rights, has considered their current and future earning capacity, has evaluated their ability to be self-supporting, and has made this waiver voluntarily with full understanding that they are relinquishing rights they would otherwise possess under state law. Alternatively, if the parties wish to preserve limited support rights, specify the precise conditions under which support may be sought, including maximum duration periods, caps on monthly or total amounts, triggering circumstances such as disability or unemployment, and any circumstances that would terminate support obligations. Address whether any support limitations or waivers apply to both temporary and permanent support, whether they survive regardless of changed circumstances, and whether they preclude modification even upon a showing of extreme hardship. Research the specific jurisdiction's requirements regarding spousal support waivers, as some states impose substantive limitations on the enforceability of such provisions, require heightened procedural safeguards such as independent counsel representation, or mandate that waivers not be unconscionable at the time of enforcement. If the jurisdiction requires that support waivers be evaluated for fairness at the time of divorce rather than execution, include language addressing how the parties' circumstances and expectations at the time of the agreement should inform any future fairness analysis.

Estate Planning and Death Provisions

Incorporate comprehensive provisions addressing the parties' rights and obligations in the event of death during the marriage, as marital agreements commonly serve dual purposes of governing both divorce and estate distribution. Specify whether either party waives their right to elect against the other's estate, thereby relinquishing statutory spousal shares, elective shares, or community property rights that would otherwise apply to estate assets. Address the treatment of life insurance by establishing whether either party is required to maintain coverage with the other as beneficiary, specifying minimum coverage amounts, designating ownership of policies, and determining whether such requirements survive divorce or terminate upon dissolution. Include provisions regarding retirement accounts and beneficiary designations, specifying whether either party waives rights to survivor benefits, qualified domestic relations orders, or statutory protections for surviving spouses under ERISA or other retirement plan regulations. Address the parties' intentions regarding estate planning documents by establishing whether the agreement supersedes any contrary provisions in wills or trusts, whether either party commits to executing specific estate planning documents consistent with the agreement, and how conflicts between the marital agreement and subsequent estate planning instruments will be resolved. If either party has children from a prior relationship, include provisions protecting the inheritance rights of those children by specifying assets that will pass outside the marital estate, establishing that certain property remains separate for estate purposes, or requiring specific testamentary provisions. Consider including provisions that address the distinction between assets subject to the marital agreement and assets either party may freely dispose of by will or trust, ensuring clarity about which property rights survive death and which are governed by estate planning documents.

Independent Counsel and Procedural Fairness Safeguards

Establish a comprehensive record of procedural fairness that will support the agreement's enforceability against future challenges based on duress, lack of understanding, or inadequate representation. Include detailed recitals confirming that each party has been advised of their right to retain independent legal counsel, has had adequate opportunity to consult with an attorney of their choosing, and either has been represented by separate counsel throughout the negotiation and execution process or has knowingly and voluntarily waived that right after full explanation of its significance. If both parties are represented, include attorney acknowledgment sections where each party's counsel confirms they have reviewed the agreement with their client, explained its legal effect and consequences, advised their client regarding the rights being waived, and believe their client understands and voluntarily consents to the agreement's terms. For prenuptial agreements, address timing requirements by confirming that the agreement is being executed sufficiently in advance of the wedding ceremony to negate any claim of duress or pressure, with many jurisdictions requiring execution at least thirty days before marriage. Include representations that neither party has been subjected to duress, coercion, fraud, or undue influence, that both parties enter the agreement freely and voluntarily, and that each party has had adequate time to review, consider, and if desired, negotiate the agreement's terms. Document that both parties have been provided with complete copies of all financial disclosures, have had opportunity to investigate and verify the accuracy of such disclosures, and acknowledge that they enter the agreement with full knowledge of the other party's financial circumstances. If there is any significant disparity in the parties' sophistication, education, business experience, or financial resources, include additional safeguards such as extended review periods, mandatory independent counsel, or explicit acknowledgments that the less sophisticated party has received adequate explanation and understands the agreement's implications.

Modification, Sunset, and Review Provisions

Address the circumstances under which the agreement may be modified, whether it contains any automatic termination provisions, and if the parties intend to review or update the agreement periodically. Include a modification clause specifying that any amendment, alteration, or revision of the agreement must be executed in writing, signed by both parties, and if required by the jurisdiction, notarized or witnessed with the same formality as the original agreement. Consider whether the parties wish to include a sunset provision that automatically terminates the agreement after a specified period, such as ten or twenty years of marriage, or upon the occurrence of certain events such as the birth of children, with clear specification of what legal regime will govern the parties' property rights if the agreement terminates. Address whether the parties commit to periodic review of the agreement, such as every five years or upon significant life changes, to ensure it continues to reflect their circumstances and intentions, and establish a process for such reviews including whether they will be conducted with the assistance of counsel or mediators. Include provisions specifying that the agreement remains in full force and effect unless and until properly modified or terminated, that no oral modifications are valid, and that any course of conduct or informal arrangement between the parties does not constitute a waiver or modification of the agreement's terms. If the jurisdiction recognizes the concept of unconscionability at the time of enforcement, consider including provisions that address how changed circumstances should be evaluated, whether the parties intend the agreement to remain enforceable regardless of changes in financial condition, and what factors should be considered in any future fairness analysis.

Dispute Resolution and Enforcement Mechanisms

Establish a comprehensive framework for resolving disputes and enforcing the agreement's provisions that promotes efficiency while protecting both parties' rights. Designate the specific state law that will govern the agreement's interpretation, validity, and enforcement, confirming that the chosen jurisdiction's law applies without regard to conflict of law principles that might otherwise invoke another state's law. Include a venue selection clause identifying the specific court, county, or judicial district where any legal proceedings related to the agreement must be filed, providing certainty and preventing forum shopping. Create a multi-tiered dispute resolution process beginning with mandatory mediation before either party may initiate litigation, specifying the selection process for a mediator, whether the parties will use a specific mediation service or panel, how mediation costs will be allocated, and establishing a reasonable timeframe for completing mediation before litigation may proceed. Consider whether the parties prefer binding arbitration over court litigation for certain disputes, and if so, specify the arbitration rules that will govern, the process for selecting an arbitrator, whether the arbitrator's decision will be binding and final, and any limitations on the arbitrator's authority. Address the allocation of attorney's fees and costs by specifying whether the prevailing party in any dispute will be entitled to recover their reasonable fees and expenses, whether fees will be allocated based on the parties' relative financial resources, or whether each party will bear their own costs regardless of outcome. Include a severability clause providing that if any provision of the agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, such determination shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect. Specify that the parties intend for the agreement to be enforced to the maximum extent permitted by law, and that if any provision must be modified to be enforceable, it should be reformed to accomplish the parties' intent to the greatest extent possible.

Integration, Representations, and General Provisions

Include comprehensive boilerplate provisions that establish the agreement's legal effect and protect against future challenges. Draft a complete integration clause stating that this agreement constitutes the entire understanding and agreement between the parties concerning the subject matter hereof, supersedes all prior negotiations, discussions, representations, understandings, or agreements whether written or oral, and may not be contradicted by evidence of any prior or contemporaneous statements or agreements. Include representations and warranties from each party confirming they have read the entire agreement, understand its contents and legal effect, have had adequate opportunity to ask questions and seek clarification, and sign voluntarily with full understanding of the rights being waived and obligations being undertaken. Address the agreement's relationship to any prior marital agreements by explicitly stating whether this agreement revokes, supersedes, or supplements any previous prenuptial or postnuptial agreements between the parties. Include provisions regarding the agreement's confidentiality, specifying whether the parties agree to keep its terms private except as necessary for legal or financial advice, or whether it may be filed with a court or disclosed to third parties. Address notice requirements by specifying how formal notices under the agreement must be delivered, what addresses are designated for service, and when notice is deemed effective. Include a provision confirming that the agreement will be binding upon and inure to the benefit of the parties' respective heirs, executors, administrators, and assigns. Address the execution of additional documents by including a covenant that each party will execute any additional instruments or documents reasonably necessary to effectuate the agreement's terms, such as deeds, beneficiary designations, or qualified domestic relations orders. Include a provision stating that the captions and headings are for convenience only and do not limit or affect the agreement's interpretation.

Execution, Acknowledgment, and Finalization

Conclude the agreement with a properly formatted execution section that satisfies all jurisdictional requirements for validity and enforceability. Create signature blocks for both parties that include spaces for full legal signatures, printed names, and dates of execution, with introductory language immediately above the signature lines confirming that each party has read and understood the agreement and signs freely and voluntarily. If the jurisdiction requires witness signatures, include appropriate witness attestation sections with spaces for at least two disinterested witnesses to sign, print their names, provide their addresses, and confirm they witnessed the parties' voluntary execution of the agreement. Include a notarial certificate with acknowledgment language appropriate for the specific jurisdiction, providing space for a notary public to confirm that each party personally appeared, was identified through satisfactory evidence, and acknowledged executing the agreement as their free and voluntary act. Ensure the notarial language includes all elements required by state law, such as the notary's commission expiration date, county of commission, and official seal. If the jurisdiction requires or recommends certificates of independent legal advice, include attorney acknowledgment sections where each party's counsel confirms they have represented their client in connection with the agreement, reviewed and explained its terms, advised regarding rights being waived, and believe their client executes the agreement voluntarily with full understanding. Consider including a self-proving affidavit if permitted by the jurisdiction, which can facilitate future enforcement by establishing the agreement's authenticity without requiring witness testimony. Review all execution formalities against the specific jurisdiction's requirements to ensure compliance with any mandatory waiting periods, disclosure timing requirements, or other procedural safeguards that affect enforceability.

Document Assembly and Quality Control

After gathering all necessary information and drafting each section with jurisdiction-specific provisions, assemble the complete agreement in a professional format suitable for execution and potential court filing. Organize the document with a clear title identifying it as either a prenuptial or postnuptial agreement, a comprehensive table of contents if the agreement exceeds ten pages, and numbered paragraphs or sections for easy reference. Ensure internal consistency by verifying that all cross-references are accurate, defined terms are used consistently throughout, and the agreement contains no contradictory provisions. Review the financial disclosure schedules to confirm they are complete, properly attached as exhibits, and referenced correctly in the body of the agreement. Verify that all jurisdiction-specific requirements have been satisfied, including any mandatory disclosure periods, waiting times before execution, or specific language required by state statute. Conduct a final review to ensure the agreement reflects the parties' actual intentions, accurately describes their financial circumstances, and includes all negotiated terms and conditions. Prepare the document in a format that facilitates execution, with signature pages that can be separately executed if necessary, and sufficient copies for each party, their respective counsel, and the notary's records. Include a cover letter or execution instructions that specify the proper sequence for signing, witnessing, and notarizing the agreement, and identify any additional documents that must be executed simultaneously such as financial disclosure affidavits or certificates of independent legal advice.