Explain the initial client interview process including the essential information that must be obtained and the potential emotional aspects involved.
Explain the initial client interview process including the essential information that must be obtained and the potential emotional aspects involved.
GEL-1.02: Demonstrate college-level communication through the composition of original materials in Standard English.
GEL-5.01: Identify examples of human expression in society and culture.
Instructions
Author and private pilot Jett Obeejebos met financial advisor Harper Awezon on a business trip to meet with his publisher. Harper was a new advisor who had been assigned to help negotiate and draft his publishing contracts. After observing how she always looked out for his best interests and made him laugh, he fell in love with her.
One day, Harper came up with the idea of creating a pet transportation service for pets traveling solo to meet their owners or traveling with their owners by plane, train, or ship. The business would be called AweMyPet. Jett thought it was a terrific idea and encouraged Harper to pursue it.
The new business took shape swiftly, with earnings over $3 million in the first 4 months. The couple was ecstatic. Because he was a private pilot, Jett helped Harper save money on the initial domestic pet delivery flights.
Jett loved Harper so much that 6 months after meeting her, he asked for her hand in marriage. She said, “Yes!” Jett was very proud of Harper, and she was appreciative of Jett’s support and constant encouragement. Harper, however, had so much to do with her new business venture that she told Jett she needed to be engaged for at least a year.
He agreed. Both Jett and Harper were so happy about their engagement that they went out and celebrated by buying a Labrachon. They named her Express, as they felt it would symbolize or express their love for one another.
The couple has consulted your supervising attorney, Del Ivery, and asked if the law firm could prepare a prenuptial agreement for Harper and Jett.
Jett and Harper have provided the following information for you:
Dear Del:
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’s saved the company a lot of money by being its initial private pilot and has a lofty 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 we both agree should be Harper’s, since the company was her initial idea. Let us know if you need any additional information.
Best,
Harper and Jett
Your Assignment
You are to create five additional questions for Jett and Harper and explain why they are important to the creation of their prenuptial agreement.
Perform simple researchon the issue of premarital agreements. When conducting searches in Westlaw, remember to narrow your database and jurisdictional searches by choosing your state in the “Select a State” pull-down menus.
Locate your state’s statuteregarding prenuptial agreements. Conduct your research using databases available in the Library, as well as other online resources.
Include the citationof your state’s statute.
In performing your research, look for the following concepts: Uniform Premarital Agreement Act (see Appendix A in your textbook), legal requirements for a valid prenuptial agreement, and factors that invalidate a prenuptial agreement.
Answer the following questions:
What are the legal requirements of a valid prenuptial agreement in your jurisdiction, and what factors can invalidate one? How do the requirements today compare with what was required in the past in your state? (criterion 3)
What are the advantages and disadvantages of prenuptial agreements?
What is the Uniform Premarital Agreement Act, and has your state adopted it?
Should prenuptial agreements be compulsory? Do they improve marital relationships? (criterion 5)
Are prenuptial agreements recognized and utilized in other countries? Find two countries that allow prenuptial agreements and discuss similarities and differences with what you learned about prenuptial agreements in your jurisdiction. (criterion 1, criterion 4)
What kind of clause should be placed in the prenuptial agreement regarding any animals the couple has?
Checklist Before Submitting Your Assignment
Read the questions and what is being asked of you twice.
Structure your assignment in memorandum form.
Example:
Del Ivery, your supervising attorney, wants you to draft a memorandum with the specifics as follows:
(Place in Memo Format as follows)
Date:
To: Del Ivery, Supervising Attorney
From: (Your Name)
Re: Questions on Prenuptial Agreements and Requirements for Prenuptial Agreements
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:
Which five questions you would ask the clients in order to draft a prenuptial agreement, based on your research
An analysis on prenuptial agreements, including:
the Uniform Premarital Agreement Act
requirements of a valid prenuptial agreement
whether a prenuptial agreement should be compulsory or not
Finally, the advantages and disadvantages of a prenuptial agreement
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-Unit2.doc. Submit your assignment to the Unit 2 Assignment Dropbox by the end of the unit.
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