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Prenuptial Agreements: How to Write a Fair & Lasting Contract, 4th Edition
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Review
"An excellent gift for any starry-eyed couple, this guide approached the contract of marriage clearly and thoroughly" . Reference & Research Book News
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About the Author
Katherine E. Stoner is an attorney/mediator in private practice with the firm of Stoner, Welsh & Schmidt in Pacific Grove, California. In addition to mediation, her practice includes consulting attorney services for clients who are in mediation. Ms. Stoner is a Certified Family Law Specialist, who teaches community property at Monterey College of Law and is on the training staff of the Center for Mediation and Law in Mill Valley, California. She has lectured extensively on family law and mediation and has been interviewed by major media including NBC's Today Show. Shae Irving has helped create both books and software, including Living Wills and Powers of Attorney for California, and the bestselling Quicken WillMaker Plus estate planning software. Irving graduated from Boalt Hall School of Law at the University of California, Berkeley and briefly practiced law at a large San Francisco firm before joining Nolo's editorial staff.
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Product details
Paperback: 320 pages
Publisher: NOLO; 4th edition (September 17, 2012)
Language: English
ISBN-10: 1413316301
ISBN-13: 978-1413316308
Product Dimensions:
7.1 x 1.2 x 9 inches
Shipping Weight: 1.6 pounds
Average Customer Review:
4.2 out of 5 stars
50 customer reviews
Amazon Best Sellers Rank:
#1,120,504 in Books (See Top 100 in Books)
My husband and I used this book and CD set to help us write our pre-nup before we married. The information was very helpful to us, and made the process much easier. Pre-nups are especially valuable if one of you has significantly more assets (or debts) than the other, if one is self-employed and the other is not, or if there are other special circumstances that make the default laws of your state apply in an unfair way if you did not have a pre-nup. But those kinds of circumstances can also make a one-size-fits-all prenup less appropriate for you unless you adapt it a lot.Whatever you do, it is crucial that you read the relevant portions of your state's laws very carefully, because even a lawyer can miss important details buried in the legal jargon. You can find all the state laws online through any search engine. For Californians, the MUST_READ sections include Family Code sections 1610-1617, and especially pay attention to 1615(c)3. Also look at Family Code sections 910-916. These were ones most relevant to us, but there may be others that you need to know about, for example, if you have other dependents to consider.We adapted and added to the passages in the Nolo book and CD as needed for our own circumstances, but we were lucky enough to have an expert paralegal in the family who helped us find the right legal code sections and who proofread for us to make sure our intent and our language was clear. We would still recommend you run your completed draft by someone with some expertise who has done prenups recently and who doesn't ignore your background work and try to do the whole thing from scratch at your expense.Something to think about: my husband and I found that all the detailed financial discussion and disclosure sometimes caused disagreement, but also brought us closer together. This is because we learned more about each other, reaffirmed our shared values, and learned the valuable skills of open-minded discussion, problem-solving, listening, tactful sharing of opinions, negotiation and compromise. So many people marry without ever talking about the unromantic but vitally important topics like finances! We encourage all couples to talk about these things very honestly. If you are not a good match, it will become more obvious during this process, but sooner is far less painful than later to find that out. If you are a good match, this process will leave you stronger and more confident in your coming marriage. Good luck to you.
The book does a good job of explaining what you should put in your prenup, and why you should put it in there. It includes ideas about not just what will happen in the event of a divorce, but also a lot of great ideas of what you should put in there about how finances will be handled during the marriage. In fact, I would say about 75% of the prenup we wrote based on this book was about how finances would be split during the marriage (i.e., who pays for what, what expenses are joint, etc.), and only 25% is about what happens if we divorce. My fiance and I wrote the prenup together ourselves using this book, and then we both hired separate attorneys to review our agreement for us. Both attorneys had only minimal changes and suggestions, which I think saved us a lot of money. I think you could save a lot of attorneys fees by taking the first stab at writing the prenup yourself using this book and just having an attorney review what you've written. If you have existing kids or a complicated family structure, you should definitely have an attorney review it before signing it. For my husband and me with no kids and no plans to have kids, the prenup was a relatively straight-forward document that we easily drafted using this book.
Great book and resource. Read the sample online before you buy it. The sample tells you exactly what the book covers, and will help you decide if the book is for you. You do not need to buy the book to get the forms. The link to the forms is in the sample. The book is great at explaining in layman's terms what each part of the document pertains to. So if you need that extra information, get it. When we submitted our prenup to our lawyers they were impressed with how perfectly it was written, and had no edits to make.
If you live in the state of California and need a post-nup for any reason, both you and your spouse will need to retain counsel. During my quest to find legal representation for a post-nup, prior to purchasing a house, I came accross a number of lawyers who wanted to upsell for services. I was lucky enough to find a great lawyer who recommended I save a few bucks and start the process myself, using Nolo. You can use this book for post-nups, with just a few changes in the wording.You can then have the 2 lawyers review your agreement and viola! you're done.This book was incredibly helpful and the templates were easy to find online. The book does not come with CDs. The book is full of examples and I was able to find the example that perfectly suited my situation.I should mention, however, that these nolo books are great! The only exception would be their book on estate planning. I'm just passing on what my lawyer told me.
The information in the book covered about 60% of the questions I had concerning my pre-nup. It presented the concepts of separate property and marital property. It covered a fairly broad area of potential clauses to add concerning pre-marital debt, taxes, real estate, etc. It has an appendix that list all the clauses as they might appear in a pre-nup. This was extremely useful in helping me get my head around the issues that would be important to me. My bride and I also used the worksheets on the CD - I found them useful not so much in that they will write your pre-nup for you (that's very unrealistic) but that they posed questions that got us really thinking and talking about the finer points of the pre-nup. I thought the book was extremely useful, just don't expect it to answer every question. Every couple's situation is different and state laws are different - for instance I had questions concerning life insurance policies and retirement plans that weren't answered in the book. But the book is a great primer before you speak with your lawyer(s).
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