The prenuptial agreement: 7 steps you should take

When you are planning a wedding, the last thing on your mind is a prenuptial agreement. After all, it’s supposed to be one of the happiest days of your life! But having an enforceable prenup in place can provide both parties with tremendous peace of mind and financial security if things don’t work out.

 

A prenuptial agreement isn’t just for wealthy couples – anyone who wants to protect their assets before getting married should consider drafting one. It’s important to understand that each state has its own laws about what elements must be included in a valid prenup. Here are seven steps you need to take when creating a legally binding prenuptial agreement:

 

1. Seek Professional Legal Advice: 

Before preparing or signing a prenuptial agreement, both parties should speak to their own legal counsel. It’s important to ensure that your lawyer can clearly explain the implications of such an agreement and advise you on any potential risks or loopholes.

 

2. Consider Your Financial Goals: 

A prenup is not just about what happens if a marriage ends; it’s also about setting shared financial goals for your future together. Make sure you discuss each other’s financial expectations, including how expenses will be handled during the marriage and in the event of separation or divorce.

 

3. Negotiate Fairly: 

As with any contract, there needs to be some give-and-take between the parties. Each person should negotiate fairly and openly, focusing on what’s in the best interests of both people.

 

4. Be Realistic: 

When writing a prenup, it’s important to be realistic about how long it will take for each partner to get back on their feet financially if things don’t work out. Family Law Professionals and experienced divorce lawyers from California, are essential to deal with his problem. Think about how long you would need or want alimony or spousal support payments to last, and consider other ways you can help your spouse in case of divorce.

 

5. Discuss Potential Disputes: 

Before signing the agreement, make sure any potential disputes are discussed ahead of time so that they won’t become an issue later down the road. This could include issues such as child custody arrangements, who gets to keep the family home, or how assets should be divided if the marriage ends.

 

6. Sign and Notarize: 

Once all of the details have been discussed and agreed upon, both parties should sign the prenuptial agreement in front of a notary public. This ensures that each party understands what they are signing, as well as provides proof that all of the terms were agreed upon by both parties.

 

7. Review Regularly: 

Life is constantly changing, so it’s important to review your prenup on a regular basis to make sure it still reflects your current goals and financial situation. If any major changes occur during your marriage (such as buying property or having children), you may need to amend the agreement.

 

A prenuptial agreement can be an invaluable tool for protecting both parties’ assets in the event of a divorce, but it’s important to ensure that it is properly drafted and signed. By following the above steps, you can create an enforceable document that will provide you with peace of mind going into your marriage. With careful consideration and negotiation, a prenup can help make sure that both partners are taken care of in the event of a separation or divorce.