No one accurately can predict the future. Covering your legal bases on all fronts is a wise course of action to take. This includes making a prenuptial agreement in advance of getting married to protect your assets, rights and interests. There are certain elements that are included in a prenuptial agreement to ensure that the contract is legally binding.
Things You'll Need
- List of your assets
- List of your future spouse's assets
Disclose all assets to your future spouse. The failure to dispose assets properly will result in the defeat of a prenuptial agreement at a future date if it is challenged.
Obtain information from your spouse about all of his assets.
Put into writing the provisions of your mutual prenuptial agreement. Absent a written contract, a prenuptial agreement does not exist legally.
Consider utilizing a standard form prenuptial agreement that complies with the laws of your state (rather than attempting to draft an agreement on your own). There are different laws in each state governing prenuptial agreements. These forms can be found at most office supply stores.
Sign the completed written agreement in front of a notary public. Your intended should sign the agreement at the same time and in front of the same notary. If the agreement is not notarized, it will not be enforceable.
Tips & Warnings
- Because preparing a prenuptial agreement is a complicated task, and because it is vitally important, seriously consider retaining a lawyer to draft this contract for you and your future spouse. Although this service will cost money upfront, in the end you are likely to find this to be a wise investment in your future.
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