How to Create a Prenuptial Agreement

A prenuptial agreement should do more than protect assets in case of death or divorce. A properly drafted prenuptial agreement can help prevent costly legal battles, protect the rights of children, save businesses from insolvency and, most of all, create an equal and carefully defined relationship between two people who love and care for each other.

Instructions

Difficulty: Moderate

Draft a Fair Legal Document Before Marriage

1. Define the specific reasons why you need a prenuptial agreement and how such an agreement will protect both sides of the marital union in case of death or divorce. Prenuptial agreements should always be signed in cases where there is a family business to protect, when there are children from previous marriages who have trust funds or inheritances and when both debts and assets accumulated by both parties need to be isolated.
2. Discuss why you want to create a prenuptial agreement with your fiance or fiancee. Stress the importance of having the agreement protect both of you by carefully defining the marital union and placing a value on the partnership. Be certain to present the idea of a prenup in a relaxed, comfortable and neutral environment, and don't wait until the last minute to bring it up.
3. Take an inventory of all your assets, including stocks, bonds, real estate, jewelry or anything else of monetary value. You will also need to include any inheritances you may receive in the future, life insurance policies or even alimony received from a prior marriage. Compile a complete and accurate list before you visit a lawyer to create a prenuptial agreement.
4. Choose the right lawyer to create the prenuptial agreement. An attorney with experience creating prenuptial agreements will know how to draft one that is realistic as well as legally binding. An air-tight prenup is usually one that deals only with specific monetary amounts, as opposed to conditions based upon the actions of the two parties, such as infidelity or gaining too much weight.
5. Ask your partner to find his own lawyer to review the prenuptial agreement before you sign. This will not only ensure that the prenup is fair and represents the interests of both sides equally, but it will also become more legally binding in the face of a potential legal dispute later.

Tips & Warnings

• There are laws in every state preventing legally binding child support agreements from being affected by a prenuptial agreement.