How to File a Prenup
When two people contemplate marriage, financial matters are usually not their first consideration. But many realize too late that finances should have been more of a priority. In a marriage between people with significantly different levels of assets, a prenuptial agreement can be practical and appropriate. Despite negative implications of a prenuptial agreement, these legal documents are used increasingly often. If you are considering a prenuptial agreement, this article simplifies the process.
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Instructions
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How to File a Prenuptial
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Talk to your potential spouse about a prenuptial agreement. It is of primary importance that you discuss the concept and achieve a level of agreement regarding the decision to write and enter into this type of legally binding agreement.
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Outline the document first. Both parties should openly discuss what should be in the agreement, before engaging legal representation. The first draft often covers what is most important to each individual, and settling these issues can save a good deal of time.
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Seek legal counsel. Each party should engage an attorney to protect individual rights and to offer advice on areas of concern.
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Sign the agreement in front of a licensed notary public. Once the terms of the document are agreed upon, the prenuptial must be notarized and witnessed. Both parties should receive copies of the agreement for their records.
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Store the agreement in a fireproof safe. The parties also might want to make additional copies to be stored with a trusted third party.
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Tips & Warnings
The final document does not need to be filed with the district clerk of courts to be valid. It will need to be filed only if there is a divorce filing.
Prenuptial agreements can cover a number of financial areas including the separation of finances, protection from a partner's debt, provisions for children and stepchildren, family property, and financial responsibilities during and after the marriage.
Some states require that prenuptial agreements be renewed after a specified time period. Be certain to consult your attorney regarding any need to renew the agreement.
