How to Get a Prenuptial
A prenuptial agreement is a pre-marriage contract stating provisions for the division of property as well as required spousal support should the marriage end in a divorce. Although each state varies in specific requirements for a prenup, the basic method to obtain this agreement is constant across the United States. This type of agreement can safeguard your assets in the event of a divorce.
Instructions
-
-
1
Tell your significant other that you are considering a prenuptial agreement. Inform her of the reasons you are considering this agreement, and see if she, too, would like to look into requesting a prenup.
-
2
Research the laws in the state where you reside. Each state differs in regard to marital laws, so learning exactly what would happen in the event of a divorce can help you decide if the prenuptial agreement is necessary. Make a list of all of your assets. Check to see if your ownership of these assets would be compromised in the event of a divorce, then decide if you want to proceed with the process.
-
-
3
Contact an attorney. Both you and your loved one will need your own attorneys in order to file a prenuptial agreement. This should be done as far in advance of the wedding as possible. Often, prenuptial agreements that are signed right before a wedding ceremony are viewed by the court as a coerced agreement and can easily be overturned.
-
4
Draft a copy of the prenuptial agreement with your attorney. If your loved one is also looking to file a prenup, have her draft a copy of her agreement as well.
-
5
Review the finished agreements with your significant other. If any revisions are necessary, consult your attorney.
-
6
Sign the agreement in the presence of an attorney. The signed agreement must be made in writing, must be completely voluntary on behalf of both parties, must be signed before a notary, must ensure that the marriage is valid and must not involve unethical demands.
-
1
References
- Photo Credit Jupiterimages/Brand X Pictures/Getty Images