Question
Examine the requirements and usefulness of prenuptial agreement. Mark Clark was a wealthy financier and met financial advisor, Marie Harper, while on a business trip
Examine the requirements and usefulness of prenuptial agreement.
Mark Clark was a wealthy financier and met financial advisor, Marie Harper, while on a business trip to meet with his publisher. Marks second book on finance is to be released soon. Marie was a new advisor who had been assigned to help negotiate and draft publishing contracts. In time, they fell in love. One day, Marie came up with the idea of creating a pet transportation service for pets traveling solo to meet their owners. The business would be called Pet Park. Mark thought it was a terrific idea and encouraged Marie to pursue it. Marie was to be the sole owner. The new business took shape swiftly, with earnings over $3 million in the first 4 months. Mark loved Marie and asked for her hand in marriage. She said, Yes! Marie, however, had so much to do with her new business venture that she told Mark she needed to be engaged for at least a year. Given the impending marriage, the couple consulted their attorney, Mike Dalton, and asked if the law firm could prepare a prenuptial agreement for Mark and Marie. Mark and Marie have provided the following information for your attorney: Dear Mike: We have combined our homes and have agreed that what we have together is ours, not his, not hers. We own a beagle, Barney, that we are thinking about breeding in the future. Mark saw her and insisted we get her. He and Barney are inseparable. Maries family helped contribute to the startup of Pet Park in the amount of $500,000. Mark 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 the monies earned after we get married, plus any interest on investments, which we both agree should be Maries, since the company was her initial idea. Let us know if you need any additional information. Best, Marie and Mark The following is required: 1. Draft a prenuptial agreement using the template provided in New York states laws. Please review the information provided by Mark and Marie, making sure that the provisions they have included are valid. 2. Discuss the enforceability of a prenuptial agreement in terms of what the law protects. 3. Analyze the Uniform Premarital Agreement Act (UPAA) 6(a).
4. Address whether the prenuptial agreement would be valid if one or both moved to a different state.
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