How Do I Get a Pre-Marriage Agreement?
Prenuptial agreements, also known as pre-marital or pre-marriage agreements, create legally binding contracts between future spouses who plan to marry. An agreement may establish requirements for the marriage or explain what should happen to the couple's property in the event of divorce or the death of a husband or wife. While some couples may choose to write their own agreements, others prefer to seek legal advice from attorneys and hire representation to negotiate and draft their agreements.
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Instructions
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Research the laws of your own state regarding prenuptial agreements, as the applicable requirements often differ from one state to another. Visit a public law library to find family-law books, practice guides and other resources for consumers. Alternatively, research your state's laws through lawhelp.org, which publishes legal information written by government agencies and nonprofit organizations from each state.
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Speak with your future spouse regarding the possibility of a pre-marriage agreement. Discuss whether you would like to each consult an attorney -- in some states, the representation of each party by a lawyer may affect the enforceability of the agreement in the future, especially if the wealthier spouse has a lawyer but the other party does not.
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Gather financial information regarding your assets and debts and encourage your future spouse to do the same, as many states require thorough and honest disclosures of each party's finances before they sign their prenuptial agreement. Discuss your finances with each other and begin to discuss the terms of your agreement. Identify the terms that you would each like the agreement to cover; a couple may choose to cover a broad range of legal issues or include only a few issues, depending on their personal circumstances and preferences.
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Proceed with the assistance of your attorneys if you and your future spouse have chosen to hire legal representatives. Work with your lawyers to negotiate and write drafts of your pre-marriage agreement. Follow your state's laws to execute a valid agreement; in general, both parties must sign the written agreement in order to create a binding contract.
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Search for software programs that assist consumers who would like to draft their own legal documents. Read reviews of available software programs before you select one to use. Research and follow the laws of your state to execute a valid agreement after you have written the document together; for example, you may both need to sign the agreement in front of witnesses.
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Tips & Warnings
Meet with an attorney who practices family law or domestic-relations law in your state before you sign a prenuptial agreement.
Research cohabitation agreements if you and your significant other plan to live together but do not have immediate plans to marry.
Before you choose to proceed on your own, consult a lawyer regarding the accuracy and completeness of pre-marriage agreements generated by computer software.
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Resources
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