You are a paralegal working in a small law firm. A new client, John (age 35) has
Question:
You are a paralegal working in a small law firm. A new client, John (age 35) has hired your law firm seeking a premarital agreement prior to his upcoming wedding. John is the sole proprietor of a pottery studio which provides him with an annual income of $135,000. He also owns three rental properties which provide him with additional income of $35,000 per year. He works 10-hour days, 6 days a week. His prospective partner, Jake (age 34), has a part-time job with State Farm (< $50,000 per year). He works from home three days a week. It is the first marriage for both of them. They do plan on adopting children and domestic pets.
John wishes to protect all of his pre-marital assets from being allocated to Jake in the event of a divorce. He is also concerned about the disparity of the couple's incomes, and wishes to limit his risk to having pay from his sources of income any child or spousal support in the event of a divorce.
Please draft a memo for your supervising attorney to read and review which generally explains what steps John might want to take to ensure the agreement will be binding, and enforceable. Include in your analysis what kinds of provisions John should consider including in the agreement in order to accomplish his goals. You should address John's ability, if any, to modify of the original terms after the wedding.
Expert Answer:
