A prenup conversation should make both parties feel more secure regarding their finances and upcoming life. Some marriages do end in divorce and a prenup can help the divorce process run more smoothly as well as offering protection for your assets. Consider the following:
Hiring An Attorney
Both parties should hire attorneys. You can find lawyers specializing in prenuptial agreements online or through personal recommendations.
Have an in-depth conversation with the other party regarding every aspect of your finances with full disclosure of financial information. If you do not it may invalid the prenup in court.
Investigate state laws concerning prenuptial agreements and assemble a complete list of assets Do not overlook including debts in the agreement. Similarly state clearly property that will remain separate and property which will be shared. You will also need to use the prenup to define what debts will be paid individually or shared between both parties. The prenup will also need to include provisions for spousal support and what will become of the marital home in the case of a divorce. You will also have to agree on who is responsible for the payment of bills, whether you will have combined or separate bank accounts as well as how large purchases will be financed.
Also keep in mind the prenup needs to be in writing, dated and signed by both parties, it may require witnesses depending on the state you are a resident of, it must be notarized and three copies must be made.
- A prenup must be it writing
- The prenup should be signed and dated by both parties
- Depending on your state you will need one or two others to witness the signing of the agreement
- You must get the document notarized
- Make three copies
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*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.