Checklist for Drafting a financial agreement for married parties, or parties contemplating marriage

Introductory note:
This checklist covers taking instructions from clients either before their intended marriage, while married or separated, or divorced; ensuring that key elements are included in the agreement; and that independent legal advice has been provided.
How to use this checklist:
The first step is to ask broad, open-ended questions of your client. You should obtain supporting evidence of bank accounts and ownership of assets and liabilities. When drafting the agreement, your priorities will vary most depending on how much certainty you have about the assets and circumstances of the parties.
Other notes:
The second step is to ascertain what the parties have agreed and to prepare a schedule of both assets and liabilities. Your goal should be to ensure that the division of property ends the parties’ financial relationship in an equitable and amicable manner.
Financial agreements share some common elements such as recitals, the requirement for independent legal advice and the signing of a separation declaration.
Links to related content:
Financial agreements for married parties generally