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Explain prenup terms to a client
Turns a prenuptial agreement into a term-by-term explanation the client can actually follow: what each clause does on the worst day it will ever be used, what the state default would have been instead, and which formalities you still have to verify.
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What this agreement is doing. It keeps Daniel's interest in Rowan Millwork LLC, and everything that grows out of it, entirely his, during the marriage and after. It also waives your right to ask for spousal support at any income level. Those two things are the whole agreement; the rest is mechanics.
Article IV: Separate Property (changes the New York default).
Plain words: anything either of you owned before the wedding stays yours alone, and so does anything you buy later with money traced back to it.
What changes: without this, income Daniel earns from the business *during* the marriage would generally be marital property. Article IV(c) makes that income separate too.
Scenario: the business is worth $2.1M today. If it is worth $6.4M in fifteen years and you divorce, your share of that $4.3M increase under this agreement is $0. Without the agreement, you would be arguing over the appreciation.
Article VII: Waiver of Spousal Support (changes the default; may not hold up).
Plain words: neither of you can ask a court for support, no matter what happens.
What changes: New York courts otherwise set support using a statutory formula based on both incomes.
Scenario: you go part-time in 2029 at $48K, he is at $410K, you separate in 2038. Under this article you ask for nothing. Under the default you would have a support claim.
[UNVERIFIED - New York limits on support waivers, and the effect of a waiver that leaves one spouse on public assistance, must be confirmed against DRL § 236B and current case law before I tell you this holds.]
Article II: Separate Debts (restates the default). You are not responsible for his pre-marriage debts. That was already true. This is not a concession.
Formalities I still have to verify [all UNVERIFIED - confirm against current New York statute]: whether the disclosure attached as Schedule A is legally adequate; whether you must be separately represented; whether any minimum period between delivery and signature applies; acknowledgment and notarization requirements.
What I could not see. Schedules A and B were not attached to what you sent. Schedule A is Daniel's asset list; the disclosure question turns entirely on it. Article IV(b) also cross-references an "Operating Agreement dated March 2, 2023," which I have not read; it may contain transfer restrictions that matter on death.
Questions for our next call. (1) If you stop working for five years, what do you expect to live on if this marriage ends? (2) Do you want the house treated differently from the business? (3) Are you comfortable signing with the schedules blank?
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Assumptions I made. New York law governs [verify - the couple will live in Connecticut, and a Connecticut court may apply its own enforceability rules]. The draft you sent is current [verify]. Schedule A exists and lists Daniel's assets [verify - not provided].
Where this is weakest. The sentence "your share of that $4.3M increase is $0" assumes the appreciation is entirely passive; if your labor contributes to the business, active-appreciation doctrine may bite differently, and the client will not hear that distinction in the plain version. And calling Article II a restatement assumes New York's default rule on premarital debt, which I have not verified against current law.
What would make this materially better. Ranked by impact: (1) Schedules A and B: the disclosure question is the whole enforceability analysis, and it turns entirely on what Schedule A actually lists; (2) the Rowan Millwork operating agreement dated March 2, 2023, which Article IV(b) incorporates and which may control what happens to the business on Daniel's death; (3) written confirmation from the drafting lawyer of when the draft was delivered and whether the bride was advised to retain her own counsel: both go to the formalities checklist; (4) the client's own retirement balances, so the Article VII scenario can be run against what she would actually have to live on.
What only you can decide. Two calls, and both are yours. First, how much of the enforceability picture goes in this email. Giving her the full [UNVERIFIED] list now lets her ask for independent counsel and a fresh Schedule A while there are still five weeks; it also means the list reaches the drafting lawyer the same night and every defect gets cured before signature. Sending only what the terms do keeps those defects available later and leaves her negotiating without knowing her strongest card. Second, whether to put a sunset clause on the table. Proposing one reframes the agreement as protection for the business's early years rather than a permanent judgment about her, which lowers the temperature five weeks out; leaving the structure alone keeps the client's single ask pointed at Article VII, which is where the money is. Whether she signs at all is hers, and this explainer does not answer it.
Why this prompt is built the way it is
## Framework
1. **One provision at a time.** Plain-words restatement, the state default beside it, one scenario with actual numbers, and every term of art defined at first use. Abstractions do not land with an anxious client, and glossaries go unread.
2. **Three piles.** Changes the state default, restates the state default, or may not hold up. A restatement of existing law is not a concession the other side made, and should never read like one.
3. **Run the futures.** Long marriage ending in divorce, death of the wealthier spouse, a business started during the marriage. Say who ends up with what in each.
4. **Formalities are questions, not answers.** Disclosure, independent counsel, timing between delivery and signature, execution: items to verify against the current statute, never a rule stated from memory. No advocacy anywhere: not fair, not standard, not recommended.