How to Talk to a Lawyer About a Prenuptial Agreement

A prenuptial agreement, which is a contract between two people who wish to become married, addresses all financial issues in case of death or divorce. An experienced lawyer can help you to determine how a prenuptial agreement can protect both parties and can draft a document that is fair and reasonable, as well as legally binding.

Instructions

Difficulty: Moderately Easy

Things You’ll Need:

• Inventory list of all assets, debts and finances

Communicate With Your Legal Team

1. Make a list of all of your assets, debts and valuable property. Include items such as life insurance policies, investments, trust funds and potential inheritances, even if they are not currently generating any type of income. Create a well-organized inventory list of these items so that you can present them to your lawyer.
2. Have your fiance or fiancee compose a similar inventory list. You may want to suggest that your partner talk with another lawyer independently, since prenuptial agreements are often more legally binding if two separate lawyers approve of the terms.
3. Choose a lawyer who is experienced with drafting prenuptial agreements that are fair, reasonable and protect both parties equally. The lawyer should be able to review your inventory list and draw up a prenuptial agreement that will be legally binding.
4. Be reasonable when protecting your assets, and avoid asking for conditions that may be legally indefensible in the case of a dispute. For instance, a prenuptial agreement is designed to address specific monetary amounts, not conditions such as infidelity or changes to one's personal appearance during the course of a marriage. In addition, a prenuptial agreement cannot be used to change child custody agreements.
5. Ensure that you have given full disclosure of all assets, whether existing or potential, when you talk with your lawyer about a prenuptial agreement. No prenup can protect an asset unless it is specifically and accurately represented on the documentation and is approved by both parties. Remember that a legally binding prenuptial agreement is designed to protect both partners equally, not to give one side a financial advantage over the other.

Tips & Warnings

• You may want to talk to your lawyer before drafting the prenuptial agreement about how to properly discuss the document with your partner. Your lawyer may be able to provide tips on how to bring up the subject and talk about the document in a realistic yet sensitive way.
• A prenuptial agreement may not hold up in court if the health of one party deteriorates during the course of the marriage.