Steps to Getting a Prenup

The term prenuptial has come to mean many different things and has been applied to different people in different situations. Simply, it is a legally binding contract made prior to marriage that can cover issues such as financial support and maintenance, property rights, custody, children's education, and healthcare or whether there are life insurance policies.  

It is becoming increasingly popular among couples to get a prenup as more couples realize that it better protects their interests and helps prevent disputes on previously unclear terms. We will provide you with the steps to getting a prenup and some information on how to make it as beneficial for both of you as possible.

Step 1: Communicate early and often

Before you ask your loved one to spend the rest of their life with you, you should discuss creating a prenuptial. It's best to have this conversation at length initially and again when you feel things have changed. Make sure you share your feelings, concerns, worries, and everything else that is important to you so they can understand why it is so important to you. Allow your partner to get comfortable with the idea of getting a prenup, but don't make it seem like a required task. Rather than pressuring them into getting a prenup, you should express how important it is to you and why.

Step 2 Consult a prenup attorney

A prenuptial attorney can get the advice you need to ensure the prenup benefits both of you. The attorney will help you decide what to cover in your prenup and how to ensure that it covers everything important to you. The attorney can also ensure that your prenup will hold up in court and help with any other issues, such as business valuations and trusts. However, be sure to look for a lawyer experienced with prenuptial who can give you the advice you need.

Step 3: Gather your financial information, including assets, debts, income, and expenses

By this point, you should have already started collecting your financial information. If not, you need to do so as soon as possible. You will want to gather all of your bank statements, investment statements, tax returns, and any other financial documentation that is important to you. The more information you can provide the attorney, the better, especially since this is the step where the prenup will be written. It's also a good idea to get copies of this documentation from your significant other and any businesses they might own or be associated with.

Step 4: Determine whether a prenuptial agreement is right for you

It's important to realize that only some people are interested in getting a prenup. Before you get the ball rolling, it's important to consider whether this is necessary for you. If you still need to figure it out, then there are other options, such as talking with a financial planner or financial advisor who can help you determine if getting a prenup in your situation would be beneficial.


Step 5: Organize your information and draft the prenuptial agreement

When you've gathered all the information you need to use in your prenup contract, it's time to organize it and make a rough draft. This will help you ensure everything is in place, and it won't be hard for the attorney to put it together. The prenup should be written so that it is easy for you and your significant other to understand without any complicated terms or legal jargon. The easier it is for the two of you to understand, the less likely there will be a dispute further down the road.

Step 6: Make Sure it's a Fair Agreement

If you know your financial situation, you will probably be good at determining whether or not your prenup is fair. If not, then it's time to get some help on this part. Even if you think that your prenup has everything covered, remember that a court of law will probably review the agreement at some point, so it's best to be thorough.

Step 7: Get a lawyer's involvement

Once the draft is ready, it's time to have an attorney review the document and ensure that everything is covered and there are no loopholes. Depending on your situation, the attorney may ask for copies of all of your financial records before they can begin with their review, but take your time with this step. Some prenup attorneys will provide their services for a flat fee, though not many. Ask your lawyer about their prices to determine how much you'll need to spend. It would help if you had a skilled and highly experienced attorney to ensure that your prenuptial agreement will hold up in court.

Step 8: Make It Official: Get the Agreement Notarized

The most important step in preparing a prenuptial agreement is to get it notarized. If you want your attorney to be able to review and sign off on the document without letting anyone who did not sign it read over it, then you must have it notarized. This will put a stamp of authenticity on your document for any future court representatives or attorneys. You will also need two witness signatures to make your document a legal contract officially. However, this depends on the state in which you are living.  

Step 9: Enforce the Agreement

Among the most important parts of the prenup is making sure that it is enforced. This is why it's best to make sure that everyone has read and agreed to the terms of the prenup and signed it. Get a copy of the agreement notarized for each person you want to be obligated to follow its terms.

As you can see, getting a prenuptial agreement can be important to your marriage and your financial future. While it might seem like a stressful process, there are lots of ways to ensure that you get a document that is going to work for you. Don't rush into the process, but make sure you collect the information you need and consult an attorney before signing anything. You'll also want to consider how it will impact your relationship with your significant other and if they are comfortable with it all.

Remember that with the help of a prenup agreement between spouses, one's assets may remain protected even in the event of divorce. So, start thinking about whether getting a prenup is right for you, and if it is, then take steps to make sure that you get the best document possible.

Disclaimer: This material is provided for informational purposes only. The provision of this material does not create an attorney-client relationship between the firm and the reader and does not constitute legal advice. Legal advice must be tailored to the specific circumstances of each case, and the contents of this newsletter are not a substitute for legal counsel. Do not take action in reliance on the contents of this material without seeking the advice of counsel.

The information contained in this blog may or may not reflect the most current legal developments. Accordingly, information in this blog is not promised or guaranteed to be correct or complete, and should not be relied upon as such. Readers should conduct their own appropriate legal research.

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