One of my friends has been asked to be on a jury multiple times in the last few years (I don’t know the exact details) and was wondering how she could potentially be legitimately excused. Turns out, it’s not as difficult as it sounds (neither is fulfilling your duty, as most people don’t get selected for juries).

Rule #1: Never lie. Don’t be a fool, the odds say you’ll just have to sit in a room and waste a day watching news, don’t make things worse by lying. Plus, most places will let you bring a computer into that waiting room so bring one or a book or something semi-productive to do instead of watch TV. It’s not that bad, plus you get lunch.

So, still want out?

Exclusion Rules

Each jurisdiction has its own rules for exclusion (here is a list of links to all the Jury Plans for counties in Maryland), and in Baltimore City, where my friend lives, the potential exemptions are:

• aged 70+,
• elected official of the federal legislative branch,
• active military, or,
• organized militia.

There are also potential disqualifications (the potential pool is taken from voter registration, MD Driver’s Licenses, and MD ID cards):

• not a US Citizen,
• not an adult (less than 18),
• not a City resident,
• cannot comprehend spoken English or cannot speak English,
• cannot comprehend written English, read English, or write English well enough to fill out forms,
• disabled with documentation by a health care provider,
• convicted of a crime and imprisoned for more than 6 months (w/o pardon),
• pending criminal charge with the potential for a sentance of 6 months+,
• dead.

Other Tactics

If none of those exclusions or disqualifications is true, there are other ways to try to get out of jury duty (or at least avoid being selected).

Economic Hardship: In some jurisdictions, you can be excluded from jury duty if you can show economic hardship using proof of employment, wages and tax returns. If you own and operate a business or derive a significant amount of your income as a contractor, you could claim that you are losing income by virtue of not working. It’s harder for those on a salary but you could show how closely your income is to the your expenses and try to convince the judge that way.

Change of Date: Request a change of date if you are sick, going out of town (vacation, anyone?), have children and can’t get daycare, or some other compelling reason. If you can’t get out of it, at least try to get it rescheduled at a time that’s a little more convenient for you. Some sites recommend postponing it until December, when trials are more likely to be delayed or moved.

Act Smart: I don’t like the advice of some to pretend to have preconceived or racist notions in an attempt to get disqualified, but I do like the idea of acting smart or analytical. Lawyers like people they can persuade and people who are too attached to the facts and not easily persuaded are dangerous to both sides.

Jury Veto: This is sort of the nuclear option… a jury veto (also known as ‘jury nullification of law’) is where you can vote guilty/not guilty on the basis of your belief that a law is wrong or improperly applied. So the person could be guilty of the crime in your mind but you could vote not guilty on grounds of jury nullification. Neither the defense nor the prosecution will tell you about this right, as they don’t want you to know, but if you mention it you will probably get excused.

Some more resources:

• Mental Floss’ How to Get Out of Jury Duty
• Wicked HowTo’s How To Get Out Of Jury Duty: My Story, How I Did It.
• Ask Men’s How To Get Out of Jury Duty

Hope those tips help!

(Photo: jasonunbound)

Earlier this year, I wrote about the details of the Airborne Settlement and how you could claim your Airborne settlement refund. Airborne agreed to settle a complaint with the FTC of false advertising because their nasty orange mixture doesn’t actually prevent colds. The original settlement was for $23.5M and the FTC recently added $6.5M to the original figure to bring it to $30M (this is all subject to approval by a federal court in California).

If you purchased an Airborne product between May 2001 and November 2007, you qualify to participate in this settlement. You can get a refund for as many items as you can prove you bought in that time period (purchase receipts) plus six. If you have no receipts, you can claim six without any proof of purchase. If you have receipts for 2 items, you can claim eight. This means that a lot of people can claim six products purchased without any proof and so you probably will just get a microscopic percentage of the $30M settlement (at least it’s $6.5M higher!).

The deadline to submit is 15 September 2008. If you opt to mail it in, it must be postmarked by September 15th.

Resources:

• Settlement Website
• Settlement Agreement
• Online Claim Form
• Paper Form

(photo: fredosan)

It’s not easy thinking about Wills because doing so forces you to confront your mortality and that one day you will die. However, if you do not take care of this very important piece of business, the State will take care of it for you. In every state there are rules that dictate what will happen to your assets in the event of your death. Unfortunately, they may not match what you’d choose to do with it (chances are they don’t). Creating a Will is one of the most important and significant actions you can do for your finances and shouldn’t be put off. The preparation of Wills is big business too and can cost quite a large sum in lawyer fees, but there’s a way to significantly cut your costs - Suze Orman’s Will & Trust Kit.

My tentative plan is to create a Will with Suze Orman’s system and then get it reviewed by a lawyer. By having at least a draft, you save a ton of money on the hours that would’ve been spent preparing it. What makes this even better is that the kit is free for a limited time (meaning I have no idea how long it’ll last).

Suze Orman recently gave away her Will & Trust Kit to viewers of her show and you can get it by following these instructions:

1. Go to SuzeOrman.com
2. Click on Will & Trust Kit in the left sidebar menu
3. Click on the orange Gift Code button and enter “people first“

And now you have access to the Suze Orman Will & Trust Kit absolutely free.

Account Signup

Account signup was a cinch and took about ten minutes (but I type fast). You’ll have to put in a bunch of information such as your name, SSN, DOB, gender, address, phone, marital status, spousal/partner information (if necessary), value of assets, and answer a few questions about trusts. The system is very TurboTax-like in how it asks you questions rather than simply listing choices.

Throughout the screens, there is audio that you can listen to for additional information and guidance. There each only a few minutes long and I found them very informative. If you’re not in the mood to listen (or you can’t), you can also read a transcript of the audio underneath it.

Handling Personal Information:
With respect to personal information, you have three options to choose from when you first setup your accountL

Complete Save & Protect: All information you enter will be automatically saved.

Limited Save & Protect: The program will not save Social Security numbers or Dates of Birth; all other information will be saved.

No Save & Protect: None of the information you enter will be saved. Each time you use the Kit you will need to re-enter all information.

I chose the second option, Limited Save & Protect simply because I don’t know how secure Suze Orman’s site is. I trust companies like H&R Block and Intuit with that information when I prepare my taxes because they’ve been around longer but I don’t know about Suze Orman (her site does appear secure and I honestly have no doubts about it). Plus, it saves everything except Social Security and Date of Birth, those are easy enough to enter as needed.

Revocable Trust or Only a Will?

Here’s where the “TurboTax” like walkthrough during account signup comes in handy. About 80% through, there’s a question as to whether you want a Revocable Trust or Only a Will? Knowing nothing else and had I been given no guidance, I probably would’ve chosen Only a Will because I don’t know what a Revocable Trust is. However, based on net estate value and guidelines for my state (and other factors), I’ll want a revocable trust in addition to a Will (anyone with over $30,000 of assets in Maryland is recommended to use a revocable trust).

Documents

Following the account signup, I was presented with a list of four documents I’ll need to produce:

• Advanced Directive & Durable Power of Attorney for Health Care
• Revocable Trust
• Will
• Financial Power of Attorney

I don’t know how many documents there are in total but I suspect Advanced Directive & Durable Power of Attorney for Health Care, Financial Power of Attorney, and Will are shown to everyone; Revocable Trust is shown to those who feel their individual characteristics warrant it. (plus, there’s a menu up top and there isn’t much room for any other documents to be listed!)

Will

For the sake of brevity, I’ll only discuss how the Will part works but the creation of the other documents works in the same way. When you click on the Will tab you’re directed to a page that lists all the pieces of a Will. The will consists of the following five parts:

1. Will - “A will is a legal document that states where you want your assets to go after your death and what you want done with your remains.”
2. Letter to Your Executor - “If you want certain items of personal property to be given to specific people, you can simply write a letter to the Executor of your will about your wishes.”
3. Final Instructions Form - “Use this form to let your loved ones know your wishes regarding your funeral, burial, or cremation.”
4. What to Do When Someone Dies Checklist - “Review this checklist now and when the unexpected occurs you’ll know the necessary steps to take to make the proper final arrangements for your loved one.”
5. Funeral Cost Worksheet - “Funerals and burials are among the most expensive purchase older people make. When the time comes to make funeral arrangements, if you only contact on funeral home you may pay too much for services. To help you compare the costs of up to three different funeral homes, we have provided this calculator.”

As you can see, some of the documents are documents you need to create while others are simply useful tools. The will creation menus were quite thorough in what it asked from whether you wanted a traditional Will or a blended family will, how you wanted your remains treated (cremation/burial/donation? embalming?), selecting an executor & an alternate, cash gifts, personal property gifts, contingent beneficiaries, and a few other questions.

After about a dozen questions and ten minutes, I had a draft version of my will. The draft was slick and took advantage of the fact that I was viewing it in a browser because all the important parts were hyperlinked. I could click on it and change information as needed.

But you’re not done… for it to be valid, you need to print it, sign it, notarize it with a witness, and do all the legal legwork involved in making it a valid legal instrument. However, I bet you it’s a lot cheaper to start with this draft than it would be to sit with an estate lawyer and have them ask you these questions. Here’s the first paragraph of the product’s disclaimer (emphasis theirs):

This product provides information and general advice about the law, but laws and procedures change frequently and they can be interpreted differently by different people. For specific advice geared to your specific situation, consult an expert. No book or form of other published material is a substitute for personalized advice from a knowledgeable lawyer licensed to practice law in your state. THEREFORE, CONSULT YOUR ATTORNEY.

So, I would start with this and then talk to an estate attorney to finalize. Heck, it’s free and lawyers are never free.

California recently joined the states that make it illegal for you to drive and use a cell phone without a hands-free set, which led me to wonder what other states also make it illegal for you to use a cell phone without a hands-free device. The states that currently have universal handheld bans include: California, Connecticut, Washington DC, Illinois, Massachusetts, Michigan, New Jersey, New Mexico, New York, Ohio, Pennsylvania, and Washington. Of that list, five prohibit their use state-wide while the others prohibit it in certain areas. Chances are, unless you live there, you’ll be driving into and out of various areas so you might as well treat those states as state-wide rather than jurisdiction specific. (Text messaging itself is also prohibited in four states so far: Alaska, Minnesota, New Jersey, and Washington.)

I’ve colored the states with hands-free bans in red, states with local/regional hands-free bans (not state-wide) in orange, in the map below:

One important bit of advice is that they are all primary enforcement - meaning a police officer can stop you for this offense alone. If they see you on your cell phone without a hands free set, you can get pulled over. (the only exception is Washington state)

I suspect that more and more states will begin instituting hands-free laws since they’ve been shown to reduce accidents, something we can all agree is a good thing. Also, NPR reported that in the first year of the NY ban, they were able to collected $27M in fines. I’m sure the bean counters in City Hall were pleased, it’s a good way to raise a little revenue.

Teen/Novice Driver Cell Phone Ban

There are also states that prohibit novice drivers, such as teenagers and those with learners permits, from using cell phones at all. Those states are California, Colorado, Connecticut, Delaware, Washington DC, Illinois, Maine, Maryland, Michigan, Minnesota, Nebraska, New Jersey, North Carolina, South Carolina, Tennessee, Texas, Virginia, and West Virginia.

Data provided by the Governors Highway Safety Association but the artistic map was all me.

One of my friends had a car that she loved but had to bring into the shop every three or four months, like clockwork, for one problem or another. This wasn’t some car she bought used on Ebay or some shady car dealership, this was a brand spanking new vehicle. I won’t slander the manufacturer by saying who made it but suffice it to say, the brothers on CarTalk have complained frequently about it’s expensive ball joints. So, knowing she’d been to the dealership so many times I wondered what the lemon law actually covers and what it means (in Maryland, the laws may differ for you wherever you are).

In order to qualify for protection, your car must be less than fifteen months old with less than 15,000 miles on it and either owned or leased by you and registered in Maryland. (If it’s registered elsewhere, check that state’s lemon laws) Now, this usually puts you within the manufacturer’s warranty so they should fix pretty much every problem you bring them. If they can’t, that’s when the lemon law protections come in.

First, write your dealer or car manufacturer a letter requesting the repair and send it via certified mail. If the manufacturer refuses to repair the problem with thirty days or if they do complete repairs and it “impairs the use” or “substantially reduces the market value” of the car, then you may qualify for a refund or replacement vehicle as long as the problem is from the following list:

The problem list is:

• A brake or steering failure that was not corrected after the first repair attempt, and that causes the vehicle to fail Maryland’s safety inspection; or
• Any one problem that substantially impairs the use and market value of the vehicle that was not corrected in four repair attempts; or
• Any number of problems that substantially impair the use and market value of the vehicle that have caused it to be out of service for a cumulative total of 30 or more days.

If you qualify, you’ll want to write a complaint to the manufacturer with the following information (sending it via certified mail!):

• List the make, model, year and VIN of your vehicle.
• Include the name of the dealership from which your automobile was purchased and the date of purchase.
• Describe the problem you are having.
• Describe what you have done to address the problem and include copies of repair orders and dates of repair attempts.

If the manufacturer can’t correct the problem you outline within 30 days, they are required to repurchase or replace your car. If they repurchase it, they must cover the full purchase price plus license fees, registration, and any other government charges and they have the option of reducing it by 15% because you got to use the vehicle and a “reasonable allowance” for damage outside normal wear and tear. if you

If your car is a lemon and the manufacturer is unable to correct the problem within 30 days of receiving your letter, the manufacturer must repurchase or replace your vehicle. If you previously contacted the manufacturer, you will want to send a follow-up letter by certified mail, return receipt requested, outlining your problem, the steps you have taken to resolve it and what action you want taken. (See sample letter C.)

The manufacturer can replace your vehicle with a comparable one that is acceptable to you, or buy it back, whichever you prefer. The repurchase price you are offered should cover the full purchase price including license fees, registration fees and other similar governmental charges. The manufacturer can subtract up to 15 percent of the purchase price for your use of the vehicle, and a reasonable allowance for damage not attributed to normal wear and tear. At this point, I’d contact the Consumer Protection Division to get their help. If you need more information, the Maryland AG office has more information.

Good luck!

This is not legal advice in anyway, I was just trying to understand the laws to help out a friend.

What happens when you make a product that promises to “boost your immune system” and ward off colds? You make a ton of money, if it actually boosts your immune system and wards off colds. When you make that promise and don’t actually do that, at least anymore than a sugar pill placebo, then you are called Airborne and you settle for $23.3 million for false advertising. I’ve never taken the stuff, mostly because it looks like a nasty orange mixture and because I didn’t believe it, but a lot of people did and if you are one of those people, you are entitled to a piece of the settlement.

If you did drink the stuff, you probably didn’t do your body any harm; the mixture was just a super-shot of Vitamin C along with some other goodness that was mostly likely expelled out of your body the next time you used the bathroom. In fact, Vitamin C is water soluble and you urinate out anything more than 100% the daily recommended value (so the extra 230948203483209% is pretty much useless). If you do feel a cold coming on, taking Vitamin C is not a bad idea but taking 2309428304923% will not help anymore than 100%. (Some other vitamins such as A, are fat soluble and thus not expelled in urine, and you can certainly overdose on those so be very careful!)

Anyway, if you bought an Airborne product between 01 May 2001 and 29 November 2007, then you qualify to file a claim against the settlement. If you have proofs of purchase (unlikely unless you are a serious receipt filer) then you can get a refund for everything you bought and stuff have a proof of purchase for. Otherwise, you can claim as many as six products in addition to the ones you have proof for. So, if you have a receipt for three boxes then you can make a claim for as many as nine (3 proofs plus 6 undocumented items). The only downside is that everyone and their mother is likely to make a claim since you can claim up to 6 items without proof, whether you bought it or not, so you will only get your piece after the $23.3MM has been divvied up.

The deadline to submit is 15 September 2008. If you opt to mail it in, it must be postmarked by September 15th.

Resources:

• Settlement Website
• Settlement Agreement
• Online Claim Form
• Paper Form

Judge Judy, Judge Joe Brown, Judge Mathis… you may be surprised that none of them preside over an actual small claims court. Judge Judy used to be a Family Court Judge in New York, Judge Joe Brown was a State Criminal Court of Shelby County, Tennessee, and Judge Mathis was a Superior Court Judge for Michigan’s 36th District. In fact, each one of them had distinguished careers as judges and I don’t want to take anything away from their accomplishments (Judge Mathis’ background is especially inspirational); however the courts you see on television are not actual small claims courts. What you are watching is actually an arbitration hearing and the participants (plaintiff and defendant) are paid $500 appearance fees. In addition to the appearance fee, the production company actually covers the award itself! So if you appear and lose, the production company will pay the settlement for you. The only dollar amount restriction is that you can’t have a claim of more than $5,000, which happens to correspond to the small claims limit.

The other notable difference is that the arbitrator’s decision is also final. You can’t appeal, you can’t argue, you can’t do anything after she renders her decision. It doesn’t really matter if you lose because they cover it anyway! Here’s a snippet from the arbitration agreement from Judge Judy: “The Arbitrator’s Decision and her interpretation and application of laws and principles she uses in arriving at the Decision, shall be final and binding upon the parties hereto and the parties shall not have the right to appeal under any circumstance nor shall they have the right to attack the Decision for any reason whatsoever.” (from this site)

So, if you got a problem, which one should you go to? After watching a few of these shows, it’s pretty clear that some of the judges have a bit of a bias but ultimately all are reasonably fair. You have to remember that these court shows are entertainment, it’s not about the law.

Judge Judy

If you’re a deadbeat anything, don’t even try to win in this court. You might wonder why she goes off on people who show no accountability or responsibility and why she chastises people so harshly… until you realize she used to be a Family Court Judge in New York. Granted, it’s half entertainment but you have to believe her prior experience with deadbeats probably soured her on anyone who remotely resembles an irresponsible, deadbeat person.

If you can’t take someone berating you (probably rightfully), I wouldn’t go to Judge Judy’s court either. She doesn’t care who you are and she’s made a name for herself by tearing people apart in her courtroom. In fact, if you’re a deadbeat, expect to get berated even if you are in the right!

Still want to appear on Judge Judy? Submit your case.

Judge Joe Brown

Judge Joe Brown is another Big Ticket Productions court show (like Judge Judy) but his court is a little more subdued. Judge Joe Brown is also very high on personal accountability, much like Judge Judy, but he doesn’t berate the plaintiff or defendant quite as harshly as Judge Judy does. If you’re a dirtbag, don’t even think about appearing. Respect is very important in this particular courtroom. I’ve seen the least of this show but Judge Joe Brown seems to have a calmer demeanor about him but isn’t quite as much of a jokester as Judge Mathis and not quite as serious as Judge Judy.

Want to appear on Judge Joe Brown? Submit your case.

Judge Mathis

Judge Mathis isn’t a Big Ticket Productions show, it was originally produced by Black Pearl Productions and is currently being produced by And Syndicated Productions and Telepictures. Judge Mathis’ show is definitely looser than the other two and clearly plays up the entertainment angle. They’ll let people argue back and forth, interrupt, and have all sorts of shenanigans. If anyone ever interrupted anyone on Judge Judy, she’d threaten to toss their sorry butt out of the room! Judge Mathis used to be a Superior Court Judge in Michigan but it’s obvious he doesn’t take this bench quite as seriously, again, to play up the entertainment factor. If you’re kind of scared of the whole courtroom drama thing but would still like to show up, I think Judge Mathis is your best bet of the three.

If you want to appear, submit your case!

There was once a time when a handshake and a person’s word were all that was needed to formulate an agreement. If promises were broken, the only recourse was through thoughtful deliberation and six shooter. Okay, I’m just romanticizing the Wild West but I do think the point still holds true. Nowadays you see contracts here, signed documents there, notarize this page and initial there. When push comes to shove, contracts are scrutinized every which way and even English grammar comes under fire. However, when all is said and done, it ultimately comes back to building relationships, reaching an understanding and then putting it on paper.

When a friend rented out a part of their home to friend, he required the renter to sign a lease. I was a little surprised. Did he not trust the renter? I was naive and thought it was a matter of trust. However, looking back, I’ve realized it wasn’t about trust, it was about reaching an agreement. The contract was there to solidify the terms of their agreement, likely negotiated over a few emails and finalized over some beers, and act as a historical record in case there were any disputes. It wasn’t there to “force” someone into terms.

If it’s in writing, you can study it and ensure it’s accurate. While you can’t ensure completeness, you can at least be sure that whatever is written down (and agreed to) is true and accurate to the best of your knowledge. Maybe there was some miscommunication or some misunderstanding, that can be clarified once the agreement is put in writing and both sides can review it.

Unless you have a photographic mind and everyone believes your memory to such, you can’t remember the exact terms of something you agreed to a year ago (or five, or ten). Let’s be honest, do you remember the exact terms of any of your leases? You probably remember how much rent was, when it was due, how much your security deposit was, and what you needed to do to get it back. Was it due the 5th of the month or the 6th? Don’t remember? That’s okay, that’s what the lease is for! You can’t remember everything and you can’t trust your memory to be 100% every single moment. You also can’t force the other party to trust that you remember everything. If you have it down on paper, you’re far better off.

Unless you use an attorney to draft up your contract, any attorney will be able to find a way to nullify your agreement. I have no background in law, I only know a handful of lawyers, but I believe that any personally crafted legal document is probably not going to stand up against the carefully scrutiny of a trained lawyer. That being said, unless you’re willing to hire an attorney on retainer to review every agreement you make, it’s more important that you build up the relationship that is clarified by a contract instead of relying on a contract to force a relationship. Also, unless you’re willing to hire an attorney to tear apart an agreement you made, you need to stress the relationship and not the sheet(s) of paper.

Contracts don’t exist in a vacuum and people have long memories and big mouths. Let’s say you screw and swindle your way out of a contract because the language was ambiguous, people will remember that and likely tell other people. If you promised to pay someone $50 and renege, people will remember for a long long time. It may not manifest itself verbally but you can bet anything that it will manifest itself on some form or another.

Build the relationship, clarify with a contract, but leave the lawyers out of it. I want to leave on this note: The contract isn’t about trust and shouldn’t be about trust, it should be about the relationship and clarifying an agreement. If you don’t trust the other party, don’t bother with a contract unless you are willing to hire yourself a lawyer and they sure would love that!

(Photo by [phil h])

Diamonds are a girl’s best friend! And if you bought into the marketing slogan and got your sweetie a diamond (or anything with a diamond in it), you may be able to recoup some of the cost in a settlement. De Beers was charged with cornering the diamond market between Jan 1, 1994 and March 31, 2006 and recently settled for $295 million. Of the $295 million, $135 million was earmarked for consumers with the balance going to wholesalers. Check out their press release statement on the issue.

How Much Do I Get

Unfortunately, because it’s unclear how many people will make a claim and because the lawyer fees haven’t been published, the table (published on MSN Money) is just a maximum value and not what you’ll likely see. $135M spread across all the diamond purchases over the course of eight years is not going to amount to much. In fact, if your prorated share of the settlement is under $10, they won’t even send it to you because of “prohibitive administrative costs.”

The minimum payout is $10 and the maximum is $640 (the Recognized Claim Amount). If you bought a lot of diamonds, the maximum you can receive is the Recognized Claim Amount of $640.

Should I File?

Considering the $10 rule, you may want to reconsider whether to spend the time to file. This is what they recommend: “As a general guideline, if your total purchases consist of Mixed Stones Jewelry with combined purchase prices of $165 or less, or Diamonds Only Jewelry with combined purchase prices of $95 or less, your claim will not reach the payment minimum amount of $10.00.” Now, is that just the lawyers wanting a bigger piece of the pie? Is it just there so people don’t dilute the pool? Who knows, that’s up to you to decide.

How To File

To file a claim, visit the online claim form or fill out the PDF form and mail it back by may 19th.

If you claim less than $10,000, you don’t need to provide proof right now but you might need it later. If you claim more than $10,000, you have to include a copy of a document that shows the specs of the diamond (what’s essentially in an appraisal). Good luck!

(Photo: salreus)

I’m about to get married in a few months and I’ve actually been asked, on multiple occasions, whether we plan on having a prenuptial agreement (technically a prenuptial accord) and the answer is No (and no I didn’t need to think about it ). We’re in love, we’re happy, we’re planning the rest of our lives together… but that’s exactly why now is the perfect time to discuss/negotiate and sign a prenuptial agreement (though we never really discuss the idea seriously, we just assumed we weren’t getting one).

Why?

Some would say that discussing a prenup is like preparing for failure (it’s a very emotional response and understandable) but then I would argue why does anyone by insurance? I’m not averse to the idea of getting a prenup, it’s just that I don’t see it as necessary and I don’t want to pay some lawyers my hard earned money for something I don’t feel is necessary. Would you pay a dentist to remove your wisdom teeth if they weren’t bothering you? Probably not.

Why Now?

Discussing a prenup doesn’t exactly jazz up relationships, especially when you’re in love (awww!), but right now, right before marriage, is the best time to talk about this sort of thing because now is when things are most cordial. You want to talk about and sign these agreements, like any other business contract, in the best of times because that’s when you and your partner will agree on something. Whether it’s a partnership for a new business venture or something smaller, like a house, having a written understanding of where each person is, what each person believes, and how things are to be resolved should it come to a mediator is crucial.

You Convinced Me! Now How?

Step 1: Agree
So, if you want to get a prenuptial agreement, or a prenup, here’s what you’ll need to do. (Remember, I am not a lawyer so always consult with one, this is just my interpretation from the readings I’ve found online) The first step is to just write down what you two believe in plain English. If you plan on a split where you each take what you brought in and split everything else afterwards, it helps to has those details now instead of when a high priced lawyer is introduced. You don’t need someone (or someones) in a suit sitting there while you draw up the basics of your agreement, you only need them to put it in that high priced legalese to make it stand up in court.
Step 2: Lawyerize It
Then get two matrimonial laywers, one for you and one for your partner, to draw up the specifics in a legal instrument. In some states, you need independent advisers to both sides or it could be see as unfair and nullify the agreement once you hit the battlefield. Lastly, be sure to revise it every couple of years to keep it current and to keep both party’s understandings in play. One of the revisions could be to do away with the prenuptial agreement entirely, so you want to revisit it every so often.

3 Useful Tips

Here are a few more tips about prenuptials I pulled from a Bankrate article on the subject:

• You can’t waive rights to child support payments (it’s for the children, not for the partner anyway)
• A will can’t supersede the prenuptial agreement if it’s stingier but it can if it is more generous. If the will gives more than the prenuptial, then it can stand. If it gives less, sorry, the prenuptial stands. This is why it’s important to revise the document, you don’t want a prenuptial from thirty years ago forcing your estate into probate instead of going to your partner (if that’s what you want).
• Ensure it is signed in triplicate and three copies are made. One going to each party (bride, groom) and one to an independent party such as a lawyer or a safety deposit box.

So, what do you all think of prenups?

Photo by hekeptme7.