How to Get a Prenuptial Agreement

Most people sign prenuptial agreements before they get married because at least one of the spouses has children from previous relationships and wants to provide for them, or because at least one of the spouses enters the marriage with assets to protect.

Difficulty: Moderate

Instructions

1. Understand that a prenuptial or premarital agreement is a contract that spells out how you will divide your assets and debts should you divorce. It also usually deals with alimony.

2. Know that prenuptial agreements can also contain agreements about how you will live as husband and wife. Common provisions include who will have which household responsibilities. These types of provisions cannot be enforced by a court.

3. Recognize that prenuptial agreements that are grossly unfair, signed with the intention of getting a divorce or that promote divorce (by making it beneficial) will not be upheld by courts.

4. Write your own premarital agreement using a premarital agreement kit or hire an attorney. If you do use an attorney, be aware that each spouse should have his or her own matrimonial attorney review the agreement.

5. Get a prenuptial agreement even if you already have a domestic partnership agreement. Premarital agreements are valid only if they are written with an intent to marry. The agreement you made when intending to live together unmarried will not apply when you get a divorce.

6. Research the laws of your state with regard to the requirements for premarital agreements. Eighteen states have enacted the Uniform Pre-Marital Agreement Act.

7. Be sure to sign your agreement in front of a notary public if you write your own.

Tips & Warnings

• Write your own premarital agreement or hire matrimonial attorneys to assist you.
• Agreements about custody and visitation are generally not upheld by courts.

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