You can get a prenup by creating one online or having a lawyer do it for you. If you do decide to draft your own prenuptial agreement, be sure to get it evaluated by a prenuptial agreement attorney. “Once the agreement is created, you may wish to have it evaluated by a lawyer,” according to RocketLawyer.
Working with an experienced law firm is the ideal approach to getting a prenuptial prenup. In the case of a divorce, we will lead the conversation regarding how to distribute your assets. We understand that this is a difficult subject to have.
As a result, we will do all possible to make the process as painless as possible. We’ll ask pointed questions to start you and your partner thinking about what your future might be like if you don’t want to stay together any longer.
What is a Prenup?
A prenuptial agreement (sometimes known as a “prenup”) is a written contract between two people before they marry. A prenup typically details all the property (as well as any debts) that each individual has and states what their property rights will be following the marriage.
Who Needs a Prenup?
Contrary to popular belief, prenuptial agreements are not only for the wealthy. While prenups are often helping to protect the assets of a wealthy fiancé, couples of more modest means are increasingly turning to them for their own purposes. Some people request a prenuptial agreement for the following reasons:
1. Treat children from previous marriages as separate property.
A Married couple with children from prior marriages may use a prenup to spell out what will happen to their property when they die, allowing them to leave distinct possessions to their children while still providing for each other if necessary.
2. Make sure your financial rights are clear.
Couples, whether they have children or not, and whether they are affluent or not, may simply want to clarify their financial rights and duties during their marriage.
3. Avoid squabbles in the event of a divorce.
Alternatively, they may want to preempt possible problems if they ever divorce by laying down how their assets will be shared and whether either spouse would receive alimony in advance.
4. Obtain debt protection.
Prenuptial agreements can also help to protect couples from each other’s debts, as well as a variety of other difficulties. (See Nolo’s article Prenuptial Agreements: What the Law Allows for more information.)
How to Get a Prenup
A prenuptial agreement is an important part of today’s marriage. Although some people are concerned that obtaining a prenuptial agreement will set their marriage up for failure from the start, this is not the case. This is not the case, according to our experience.
Many people find that simply talking about what a prenuptial prenup entails strengthens their relationship. This is because it causes you and your partner to have a meaningful discussion about your finances and other parts of your lives. This ensures that you and your partner are on the same page regarding your desires.
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We understand that you want your marriage to be a lifelong commitment. The truth is that some relationships will end in divorce. If you do get a prenuptial prenup, the divorce will go much more smoothly for you and your children. Not only that, but you’ll be confident in your ability to safeguard your financial assets. Follow the steps below to learn how to get a prenuptial prenup.
1. Determine whether you require a prenuptial prenup.
A prenuptial agreement can benefit everyone, not just the rich. Even in middle-class families, asset division occurs after the conclusion of a marriage. It’s difficult enough to go through a divorce. A prenuptial prenup can make the process go more smoothly. Everyone involved is less stressed as a result of this.
2. Engage the services of an attorney to draft the contract.
Both you and your spouse should hire lawyers. The same lawyer can not represent both parties. Look for a prenuptial agreement lawyer on the website of your state bar, or ask family and friends for referrals.
3. Finances should be discussed with your partner.
Discuss current assets and debts, shared expenses, credit ratings, whether each party will keep separate bank accounts, whether both of you will work or one of you will remain at home with the kids, and so on with your spouse.
4. Make a list of each spouse’s assets, debts, and any financial obligations.
Make certain that all relevant financial information was fully provided by each party. If the prenup is challenged in court, failure, to be honest, could invalidate it.
5. Prepare a Prenuptial Agreement
Make sure to look up state rules on prenuptial agreements, so you know what can and can’t be included. Make a full list of your assets so that they may be singled out in the case of a divorce. Debts should also jot down in the contract.
6. Separate Property should be defined.
Define what property will be kept separate in the event of a divorce. Separate property should remain in the name of the original owner.
7. Define the term “shared property.”
Define marital property, which is the property that will be divided by both parties. Make sure to spell out how shared property will be split in the case of a divorce.
8. Make a plan to pay off existing debts.
The prenuptial prenup might stipulate that particular debts be covered with marital property or that one spouse is accountable for debts brought into the marriage.
9. Define financial assistance.
Outline any financial assistance, commonly known as spousal support, that either party will be responsible for if the marriage ends.
10. Make a decision about what will happen to the marital home.
In the event of a divorce, will the marital house be sell-off? What will you do with the money from the house sale?
11. Make a financial decision.
Determine who will pay bills, who will manage funds, if you will have joint or separate bank accounts, how large purchases will be made, and more.
12. Make a decision about how taxes will be paid.
Are you going to file separately or jointly? If you or your spouse owe taxes, make a plan for how you and your spouse will pay them.
13. Decide how long the contract will last.
In a prenuptial agreement, you might include a sunset provision to specify an end date for the contract. This is a clause in the prenup that specifies the prenuptial agreement will end after a certain amount of time. The lifespan of a prenup is infinite if there is no sunset provision or clear stipulation about how long it should remain.
14. Check to see if it’s a fair deal.
“While courts think prenuptial agreements are legitimate,” WikiHow explains, “they can be contested and thrown out if they do not adequately protect both people.”
15. Officialize it.
For your prenuptial agreement to be legally binding, it must meet the following requirements:
- A prenuptial prenup must be in the works.
- Both parties should sign and date the prenuptial prenup.
- Depending on your state, you will need one or two others to witness the signing of the agreement
- The document must be notarized.
- Make three duplicates.
How to Get a Prenup in California
The UPAA (Uniform Premarital Agreement Act of California) governs prenuptial agreements in the Golden State.
Couples in California can create their own prenups, but if done incorrectly, the document can easily become void or nullified. HelloPrenup’s exclusive software allows you to form a prenuptial agreement in California that protects your agreement and your assets in a seamless, straightforward, and quick manner.
1. You need to be time-savvy
Once a couple marries, the prenuptial prenup takes effect. To obtain a legitimate prenuptial agreement in California, both spouses must demonstrate that they completely comprehend their contract and have had sufficient time to consult an attorney, which must include at least seven days between the proposal of the agreement and its signature.
2. You must meet all of California’s standards.
A prenuptial prenup can only be legally enforceable if both spouses meet all of the following requirements, according to the UPAA’s present mandates:
- They had full disclosure and full understanding of their spouse’s financial property, assets and liabilities.
- Before signing the prenuptial agreement, they had seven days to evaluate it.
3. The contract’s conditions must be unconscionable.
All prenuptial agreements (and, in general, all contracts) in California and most other states must be unconscionable. As a result, a judge may declare the contract unenforceable if they believe it will make one party reliant on government aid.
4. It must be a consensual arrangement.
A prenuptial agreement cannot be enforceable if it was signed under duress, coercion, or by a person lacking mental capacity. This is straightforward contract law (as well as basic sense!).
5. It is recommended that all signatures be notarized.
The signatures on the document need also be notarized in California. This is a simple task! Notarizing your agreement ensures that the signatures are genuine and may be used to prove who signed it and when.
6. There must be a complete asset declaration.
Honesty is always the best policy when it comes to entering into a marriage! The same goes for drafting your prenuptial prenup.
7. An attorney must witness the renunciation of spousal support
If a party is waiving their right to spousal support, then they must have legal representation at the time of signing the contract for that provision to be enforceable.
What can be included in a prenup in California?
In the case of a divorce, a prenuptial agreement clarifies how each spouse’s finances and responsibilities will be managed and dispersed. Do you want to know more? Before you sign a prenuptial agreement, there are a few things you should know. As a result, the contract can include stipulations such as:
- Property owned by the community
- Separate Real Estate
- In some states, spousal support.
What cannot be included in a prenup in California?
A prenuptial prenup cannot or should not cover everything, and California courts are quite strict on this. For example, cannot determine through a prenuptial agreement:
1. Rights to child support
In California, the courts have ultimate authority to make decisions for the best interests of a child impacted by divorce. As a result, terms relating to the limiting of support are not negotiable.
2. Arrangements for child custody
Again, the courts have authority to make decisions relating to children’s impact in a divorce, and terms relating to custody of a child cannot be contracted away in a prenup.
3. Provisions that encourage divorce
California, like most states, values and promotes marriage’s sacredness. As a result, no agreement should include any incentives, clauses, or deadlines that could lead to divorce.
4. Breach of public policy or the law
A prenuptial prenup should not include any clauses that encourage or motivate criminal behavior. This also means that as part of the premarital agreement, the contract should not state that a spouse is obligated to commit an illegal act.
5. Terms that are unconscionable or frivolous
Using a prenup for non-financial matters or for asserting trivial mandates, obligations or roles will frequently be frowned upon by the courts. Moreover, they are often not legally binding and unlikely to be upheld by a court.
Can you get a prenup after marriage in California?
A prenuptial or premarital agreement must be drawn up and signed before the wedding takes place. However, all is not lost, you could arrange a postnuptial agreement or postnup.
Does a prenup expire in California?
In California, do prenuptial agreements expire? A prenuptial agreement has no automatic expiration date unless the contract indicates otherwise, making it effective for the duration of the marriage. Some couples, however, choose to include a sunset clause,’ which states that the prenup will expire on a specific date or wedding anniversary.
How much does a prenuptial agreement cost in California?
The cost of your prenuptial agreement in California will vary depending on how simple or complicated your situation is, how long the negotiations take, and how complicated your agreement must be. The average lawyer’s cost is between $2,000 and $6,000. A prenup with HelloPrenup, on the other hand, costs only $599 per couple.
How to Get a Prenup in Texas
In Texas, prenuptial agreements can cover any or all of the following topics:
- The property rights and responsibilities of each spouse
- Who has what rights to buy, sell, utilize, transfer, exchange, abandon, lease, use, assign, mortgage, encumber (take a loan against something), dispose of, or otherwise manage or control property?
- The allocation of personal or real property if one of the spouses dies or if the parties separate or divorce
- Alimony is a legal term that refers to a person’s right to receive
- The creation of a will, a trust, or other measures to make the prenuptial agreement’s stipulations easier to implement.
- The right to a life insurance policy’s death benefit
- If a dispute develops over the prenuptial agreement, the choice of law dictates which state’s law will interpret and judge the issue.
- Anything else that isn’t against Texas’s public policy or criminal statutes
Can a Prenuptial Agreement Determine Child Custody, Child Support, and Alimony in Texas?
Premarital agreements in Texas cannot limit the amount of child support that one parent must pay to the other in the event of a divorce or separation. The kid, not the parent, has the right to child support.
Although the law requires one parent to pay child support to the other, the money legally belongs to the child and can only help to sustain the child.
In addition, if financial conditions change, child support awards must be to amend. Regardless of whether the parents have signed a prenuptial agreement, judges must award the amount of child support that is fair and reasonable in the circumstances.
Can I Change or Terminate a Prenuptial Agreement After Marriage?
Yes. By entering into a future written agreement that disavows or amends the prenup, a married couple can modify or invalidate the first arrangement. Both parties must agree, and the new contract must be pen down. To justify the change or disavowal, no consideration is important.
How to get a Prenup After Marriage
Is it possible to have a prenuptial prenup after marriage? If you’re already married, you won’t be able to get prenuptial. However, there is still some positive news. In most circumstances, you can still sign a postnuptial agreement (or postnup), which accomplishes the same purposes as a prenup.
Prenups are a common step before marriage. Prenuptial agreements are widespread in Texas because of the state’s community property laws. The laws governing community property in Texas are unlike those in practically every other state. In many circumstances, these regulations might result in unfair and unexpected outcomes. For the same reason, postnuptial agreements are widespread in Texas.
Can I get prenup after marriage?
By definition, “nuptial” means “wedding” or “marriage,” and “prenuptial” means before. By definition, a prenuptial agreement is an agreement you sign before marriage. As a result, the answer to the frequently asked question, “Can I get a prenuptial agreement after I marry?” is no. Only before marriage can you get a prenuptial agreement.
However, if you’re already married, you can sign an agreement known as a postnuptial agreement (or a postnup). A postnup can achieve the same objectives as a prenup, such as determining how property will be owned and managed during the marriage, and how property will be divided in the event of divorce or death.
Even the happiest marriages will eventually end, like in the case of a spouse’s death. Prenuptial agreements provide protection in the event of a divorce. They’re also a useful estate planning tool for responsible and dedicated couples who wish to plan for the future.
What’s the difference between a prenup and a postnup?
With a few exceptions, practically everything you earn or gain during your marriage in Texas is considered common property. If you don’t establish a prenup or postnup, all community property is distributed in a “fair and right” manner in the case of divorce. In most circumstances, “fair and right” refers to a 50/50 split.
In most circumstances, married couples can accomplish the same goals with a postnup as they would with a prenup. You can write the Texas community property rules out of your marriage with a prenuptial prenup or a postnuptial agreement. You and your spouse can avoid having to follow the Texas community property regulations.
How to Get a Prenup in Florida
According to Florida law, a prenuptial agreement must be a written instrument that both parties must sign. Furthermore, both parties should willingly agree to sign the prenuptial agreement and submit all required financial disclosures.
A Prenup is More Appropriate for Certain Individuals
While a Florida prenuptial agreement is appropriate for most prospective marriages, it is especially so for those who:
- They have premarital assets that they want to keep in the case of a divorce.
- Before you marry, they should start a business that they would like to keep separate in case the marriage fails.
- Have children from a previous marriage and want to make inheritance issues easier in the future.
- Wish to plan ahead of time for alimony concerns following a divorce.
Issues that a Prenuptial Agreement Can Address
To truly comprehend what a prenup agreement is, you must first comprehend the kind of issues that might be in a valid prenup. A prenuptial agreement in Florida must not include anything that is illegal or against public policy, according to the state’s prenuptial agreement act.
A prenuptial prenup normally covers each spouse’s financial rights and obligations during and after the marriage. In Florida, prospective spouses frequently discuss the following topics in a pre-marital agreement:
- During the marriage, each spouse’s ability to govern or manage assets and debts.
- In the event of a divorce, how will the property be divided?
- The pensions, retirement assets, and life insurance policies of each spouse are divided.
- Is it necessary for the spouses to write a will to carry out the provisions of the agreement?
Child Custody and Child Support Issues are Excluded
In the event of a divorce, a Florida prenuptial agreement will have no bearing on child custody and support.
The courts in Florida will decide on child custody based on their judgment of what is in the best interests of the child. They’ll also figure out how much child support to pay based on the child’s requirements and the parent’s financial situation.
What Makes a Prenup Legally Enforceable?
In 2007, Florida passed the Uniform Prenuptial Agreement Act (UPAA). This Act establishes a set of principles that allow Florida courts to assess whether a prenuptial prenup is lawfully enforceable.
Choose a Competent Family Law Attorney for Your Prenup in Florida
According to Florida law, a lawyer should represent each party in a prenuptial prenup. To help you draft a robust and legally binding prenuptial agreement, or to deal with legal difficulties pertaining to your prenup.
How to Get a Prenup in Illinois
Prenuptial agreements are a popular option for people to secure their assets and property before they marry. Though many couples feel a prenuptial agreement is irreversible once signed, Illinois courts can void or nullify a prenuptial agreement under certain circumstances.
Legal Requirement in Illinois
To be enforceable in Illinois, prenuptial agreements must be written and signed by both couples. Prenuptial agreements might include clauses describing how assets will be divided if the relationship ends in divorce.
The prenuptial agreement must be signed freely by both parties. No one may compel either side to sign a contract. A contract made while inebriated or just before a wedding may not stand up in court. Furthermore, no side is permitted to conceal property or assets.
An Illinois prenuptial agreement, for example, can exclude one partner from paying alimony to the other, but only if doing so would cause the spouse to receive the support undue hardship. In some cases, a judge can order an ex-spouse to pay enough alimony to alleviate the hardship, regardless of whether the parties agreed to it before the marriage.
Prenuptial Provision is Invalid
For a variety of circumstances, a prenuptial agreement can be declared null and void. For example, depending on the gravity of the fraud, if one partner was dishonest in reporting assets, the documents could be invalidated. Declaring $500,000 in assets while actually having $550,000 in hidden offshore bank accounts may not violate an agreement, but reporting $500,000 in assets while having millions in hidden offshore bank accounts may.
If a judge considers a prenuptial agreement to be “unconscionable,” it will be unenforceable under Illinois state law. An example would be one spouse agreeing in a prenuptial agreement not to pay child support to the custodial parent.
How to Get a Prenup in PA
Prenuptial agreements frequently include the same topics as divorce decree. Prenuptial agreements, on the other hand, can be tailored to a couple’s specific needs. One or more of the following topics may be addressed in a prenuptial contract:
- The right of each spouse to property owned by the other.
- If the couple divorces or one of the spouses dies, the assets and debts will be divided.
- Either spouse’s right to alimony or spousal assistance
- During the marriage, each spouse has the right to buy, use, spend, or sell assets.
- The rights of each spouse to the other’s gifts or inheritances.
- Administration of a family business
- The right of each spouse to death benefits under the other’s insurance policy.
- Any other topic on which the pair has agreed.
A prenuptial agreement can cover many possible areas of disagreement between couples, but it does have limitations. A prenup cannot, for example, resolve any of the following issues:
- Children’s religious upbringing
- Alimony paid temporarily while a divorce is pending, or
- Issues with child support or child custody.
In Pennsylvania, can a prenuptial agreement resolve child custody and support issues?
A prenuptial contract cannot resolve child support or custody difficulties between parents. The entitlement to child support belongs to the child, not the parents. As a result, parents are unable to enter into prenuptial agreements that determine, limit, or eliminate child support.
Will a Pennsylvania Court Enforce My Prenuptial Agreement?
Pennsylvania is one of the few states that has yet to enact the Uniform Prenuptial Agreement Act (UPAA). Instead, the rules and restrictions governing prenuptial agreements are detailed in Pennsylvania statutory law and court decisions.
In general, a prenuptial agreement will be upheld by the court unless there is clear and persuasive proof that:
- The agreement was not signed freely by one of the spouses.
- Before the parties signed, the agreement was unconscionable (extremely unfair) because:
- One spouse failed to disclose all assets and obligations in a complete and reasonable manner.
- The cheated spouse did not surrender the right to financial disclosure of the other spouse in writing.
- The cheated spouse lacked sufficient awareness of the other spouse’s financial situation.
Basic contract standards must be followed in prenuptial agreements. A prenuptial prenup cannot be unconscionable or excessively one-sided. For example, if executing a prenup provision prohibiting alimony would leave one spouse destitute or on government assistance, the court may strike it down.
How to Get a Prenup in Georgia
Some soon-to-be- couples are apprehensive about signing a prenuptial agreement. The assumption as it that having one in place indicates that a couple’s marriage is all about money. Attorneys for family law in Georgia understand that being asked to sign one does not always imply that this is the case. Continue reading to discover three important facts regarding prenuptial agreements.
It’s a good idea to familiarize yourself with the procedure from an objective standpoint. Here are some crucial facts about Georgia prenuptial agreements:
Fact #1: A Prenuptial Agreement is a Legally Binding Contract
Premarital, antenuptial, or prenuptial prenup are examples of prenuptial agreements. Apart from the name variances, they are all the same type of contract. A prenuptial agreement is a legally enforceable contract between you and your intended spouse.
The basic goal of a prenup is to create a formal agreement that specifies how children, assets, and debts will be handled if the marriage ends in divorce. Couples may also discuss how to deal with these issues during the course of their marriage.
Fact #2: A Prenuptial Agreement is Not Limited to High Net Worth Divorce
Prenuptial agreements have been used by high-net-worth individuals since their beginning. Most couples create one to preserve their assets or assure their financial security. Today’s marriages, on the other hand, aren’t always about money.
Prenuptial agreements specify how one spouse will pay the other alimony. They can explain how post-divorce property, assets, debts, child support, and separate maintenance is managed. Couples can also specify certain aspects of their relationship. Some special conditions may apply, such as:
- How the couple handles custody of shared pets
- Whether or not a person’s retirement money is up for discussion
- When, if ever, alimony payments will end.
The opportunity to personalize a prenuptial agreement makes it less intimidating.
Fact #3: A Prenuptial Agreement is Enforceable in the State of Georgia
The prenuptial agreement, like any good contract, should be signed in writing with a wet ink signature by both parties. During the prenuptial prenup signing meeting, you or your Georgia family law attorney furnish two witnesses.
Within three months of the signing date, you or your fiancé must file it. The contract you signed is now ‘on the books,’ thanks to the preceding processes. An experienced family law attorney will confirm that your agreement complies with Georgia’s Civil Procedure Code.
Work with a firm that understands both sides of the story.
We understand that a prenuptial agreement does not have to be a sign of a lack of commitment at Charlton & Glover, Attorneys at Law. Our Georgia prenuptial agreement attorneys have been assisting couples in reaching an agreement to create a more secure future.
Conclusion
Some couples may have difficulties approaching the topic of how to get a prenuptial prenup. Many people mistakenly believe that discussing prenuptial agreements will defeat the point of being in a marriage. It is, nevertheless, likely to improve trust in the other spouse’s intentions. Prenuptial agreements can help people avoid getting into a marriage where one spouse is attempting to obtain financial security by marrying the other.
Frequently Asked Questions
Can I write my own prenup?
Individuals in California can write their own prenuptial agreements. Additionally, each party has at least one week after the prenuptial agreement is established to obtain independent legal advice before signing. To be legitimate, the prenuptial agreement must be signed by both parties and witnessed by a notary.
How rich do you have to be to get a prenup?
It’s not a little investment, so I believe you’ll need some assets to justify it. According to Holeman, “if you have a few hundred thousand dollars [in assets], you should at least contemplate a prenup,” as a general rule of thumb.
