How to Ask and Prepare a Prenuptial Agreement

signing legal documents

It’s no secret: prenuptial agreements have long been a subject of taboo around the world. Most people believe a prenuptial agreement means one spouse is not entitled to the assets of another in the case of divorce or death. While this may be true in some cases, it is not the primary purpose of this type of agreement.

Prenuptial agreements help set clear boundaries and expectations for both couples. They are not always one-sided and in fact judges may not enforce prenups that could be considered unfair.

Contrary to popular belief, prenuptial agreements are a smart way to protect your finances and simplify the divorce process should things not go as planned.

If you want to ask your partner to sign a prenup but are worried about being met with hostility, consider this:

Instead of asking your partner to sign a prenup so that you can protect your own finances, word your question so that it is clear this is beneficial for both of you. One potential way to word the conversation is that you could never imagine spending life without them nor would you ever want to argue over finances and property if something terrible ever happened.

In fact, prenups can be a great way to talk about finances and set clear expectations. And they definitely don’t have to be all or nothing when it comes to assets. Couples can customize their prenuptial agreements any way they see fit.

Prenuptial Agreement Checklist

If you’re ready to sign off on a prenup, it’s important to follow a few steps to ensure it is enforceable in court. Some prenups won’t hold up in court.

While you can include just about any stipulation in a prenup, it’s a good idea to follow these two rules:

1) Make sure you have a knowledgeable family law attorney prepare your document. Because it is a legal document, it should be worded as such. A loosely worded prenup may have loopholes.

2) To avoid potential issues, make sure the document is notarized to help ensure its validity.

With a little planning, a prenup can help save couples a lot of headache should their relationship turn sour.

Hobson / Oram Law

Hobson Oram Law