How to Write a Pre-Nuptial Agreement

Prenuptial agreements are not the exclusive tools for professional athletes, corporate moguls and those born into wealthy families; they are also for couples concerned with future earning potential and protecting assets secured prior to marriage. So as you prepare to walk down the aisle don’t think your have to be a Kennedy, Trump or Hilton to need a prenuptial contract. Family lawyers who specialize in pre-marriage matters suggest that anyone following into any of these areas considering signing a pre-nuptial agreement. Those areas: you are a home owner, have productive investments or retirement funds, are a business owner or a key partner in a business, are anticipating an inheritance, you have children from a previous relationship who are/may be entitled to part of your assets upon your death and obviously if there is a substantial difference in income/financial standing and future earning potential due to ownership of creative/business or real property.

Difficulty: Moderate

Instructions

1. Bring up prenuptial agreements in casual conversation once you realize the relationship is getting serious. Without being argumentative or aggressive, make your position on wanting a prenuptial agreement clear. Also, make your reasons very clear.

2. List the things of value to you that you want protected in a prenuptial agreement and present them to your intended. Ask that they do the same.

3. Do not get comfortable in the notion of using an off-the-shelf general prenuptial agreement. They are good for giving you an idea of what is actually prepared in the documentation, but an attorney should be hired in the actual drafting of your specific prenuptial agreement.

4. Ask your attorney about the validity of your pre-nup if you should move from one state to another. Family law can be slightly different and certain clauses of your agreement could be contested outside of the original state.

Tips & Warnings

• Prenuptial agreements are not always ironclad, they can be contested.
• If you are already married but feel like there are some assets that need protecting, consider a post-nuptial agreement.