Identify requirements and usefulness of the prenuptial agreement.
Identify requirements and usefulness of the prenuptial agreement.
GEL-1.02: Demonstrate college-level communication through the composition of materials in Standard English.
GEL-8.02: Apply Critical Thinking to use principles of sound reasoning.
Your supervising attorney, Del Ivery, has met once again with clients Jett Obeejebos and Harper Awezon. Despite both being able to afford an attorney, these clients took it upon themselves to prepare their own prenuptial agreement. They now want your firm to review it. Further, Harper still does not truly want a prenuptial agreement, but she wants to know exactly what benefit one could provide. They also want to know if the prenuptial agreement would be valid if one of them moved to another state.
Del Ivery has provided you with the facts about this client again (from Unit 2) and left a note on your desk with the task you are to prepare.
Your Assignment:
Dear Paralegal:
Please prepare a 2-page memorandum (excluding the APA-formatted title page and APA-formatted reference page) that details your research regarding the following:
Using your state’s laws, please review the prenuptial agreement prepared by Jett and Harper, making sure that the provisions they have included are valid. If any provisions are not valid, please explain why.
Within your memorandum, make sure you detail what is needed for the agreement to be valid, citing all necessary state laws as well as whether the Uniform Premarital Agreement Act would apply.
Be sure to discuss the usefulness of a premarital agreement.
Do not forget to address whether the prenuptial agreement would be valid if one or both moved to a different state.
Facts about the clients to help you with your review:
We have combined our homes and have agreed that what we have together is ours, not his, not hers. We own a Labrachon named Express who is unaltered. In other words, she can still have puppies. We are thinking about breeding her in the future as she is so smart and doesn’t shed. Jett saw her and insisted we get her to celebrate an expression of our love. He and Express are inseparable. However, Express does cuddle with Harper if Jett is out of town. She’s kind of a fickle dog. Harper’s family helped contribute to the startup of AweMyPet in the amount of $500,000. Jett saved the company a lot of money by being its initial private pilot and has a 401K with current value set at about $825,000. We want something that will protect his 401K and also the monies earned after we get married, plus any interest on investments, which both agree should be Harper’s, since the company was her initial idea.
New facts about the clients you should know:
Jett has revealed that a few pilot friends of his enjoy alcohol, and over Harper’s protests, he likes to have them visit. Harper is very close to her mother, Endora, and eventually wants her to live in the couple’s granny quarters on their property. Jett tolerates Endora but does not seem open to the living arrangement Harper has in mind.
Jett Obeejebos and Harper Awezon’s rough draft of the prenuptial agreement they have created:
In the interest of fairness and protecting one another’s hard-earned assets, and for a more peaceful life, Jett Obeejebos and Harper Awezon do hereby create the following prenuptial agreement:
In the event of a divorce, both parties agree to share custody of their beloved pet Labrachon named Express. Express will stay with Jett half of the time and the other half with Harper.
Both parties agree to waive any alimony rights, as we feel that each can make a living on his/her own.
Jett agrees to not bring any of his coworkers who drink to the couple’s home. In exchange, Harper agrees to not allow her mother to visit or live in the granny quarters on their property located at 2 Doors Down Lane in Anywhere, USA.
The parties both agree that whatever money each has made prior to their marriage is that party’s separate property. Any money Harper makes after she marries Jett will be solely hers. Any money Jett makes will be divided, with 75% being his and 25% towards their marriage in an effort to continue helping Harper’s new business AweMyPet be a success.
Checklist Before Submitting Your Assignment
Read the question and what is being asked of you twice.
Structure your assignment in memorandum form.
Example:
(Place in Memo Format as follows)
Date:
To: Del Ivery, Supervising Attorney
From: (Your Name)
Re: Review and Usefulness of Jett Obeejebos and Harper Awezon Prenuptial Agreement
Organize your memorandum with an introduction, body, and conclusion.
Note: Your memorandum length of 2–3 pages is separate from the title page and reference page.
In your introduction, indicate that your memorandum will include the following:
The requirements for prenuptial agreements in your state
A discussion regarding the validity of Jett and Harper’s self-created prenuptial agreement and suggestions for making the couple’s agreement valid
Further, a discussion of the usefulness of prenuptial agreements and their validity in different states should the couple relocate
Make sure your discussion follows the order of topics listed in your introduction.
Keep all font color consistent throughout. If a blue hyperlink appears, remove it by hovering over it and right clicking. A vertical dropdown menu will appear. Click on Remove Hyperlink.
Avoid the use of first person (I, me or my).
Use bolded headings to differentiate topic areas.
Provide in-text citations. If a reference is listed in your reference page, make sure it is displayed within your submission where you retrieved information from.
Provide hanging indents where needed.
Double space throughout your submission, including throughout your reference page. Note: This includes between your references.
Your reference page should be separate from the body of your submission.
Use Times New Roman size 12 font.
Provide an APA-formatted title page.
Directions for Submitting Your Assignment:
Please label your projects username-project-unit#.doc. For example, a student named Tina Allen would name her file TAllen-FamilyLaw-Unit4.doc. Submit your assignment to the Unit 4 Assignment Dropbox by the end of the unit.
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