The sad fact is one in three marriages end in divorce; you might want to consider this, if thinking about a prenuptial agreement.
Though not always legally binding when obtained correctly they are usually up kept by the court. If you think that a prenuptial agreement might be right for you then here are the 9 steps you need to take in order to get one.
Step One: Know whether you need one:
Don’t think that just because you don’t have millions, that you don’t need a prenuptial agreement. Even if you only have a small amount saved, it could be worth drawing one up. People can become bitter during a divorce, so having it all worked out beforehand is always a good idea, if you have something you might want to protect.
Step Two: Raise the issue early
If you are thinking about getting engaged to your partner, then you want to be thinking about a prenuptial agreement then. You want to raise it to your partner even possibly before you propose. So they know what your expectations are before they say yes to marriage.
Step Three: Be honest
Not only is honesty the best policy for your relationship when entering a marriage especially, but your prenuptial agreement might actually be voided if you aren’t honest. So you need to be upfront about all your financial details. The courts see it as your partner not knowing all the details before they agree, basically nulling the agreement.
Step Four: What you should include
Prenuptial agreements should be about financial issues which include money, stock or a retirement fund. They should not be about personal issues. A judge could find the agreement totally void if personal issues are in a prenuptial agreement. So Don’t include anything to do with children or your marriage.
Step Five: Be sensitive about the subject
Be sensitive about the subject. If one has more than the other, it can be a touchy subject. So while settings out what you want try to understand each other. A lot of arguments stem from discussing a prenuptial agreement which could be avoided. Think about it, no one really wants to think about divorce before their wedding.
Step six: Sign it in plenty of time
You need to have the prenuptial agreement signed at least 21 days before the marriage ceremony, if you don’t a judge could find it void. It might be argued that one of the parties felt pressured into signing it with the wedding being any closer.
Step Seven: Always get separate representation
When looking over the agreement you both want to get separate lawyers. This stops there being any preference given to the parties.
Step Eight: Always have three copies
When getting your prenuptial agreement signed you always want to have three copies. You also want to have one or both of your lawyers present at the time of signature. Then one of the copies is given to the lawyer, with one copy to you and the other to your partner. This is again so a judge can’t find it void in court.
Step Nine: Get a new prenuptial agreement is there are large changes
You might want to think about setting out a new prenuptial agreement every five years or so, or If there are any big changes in your finances. Often in a marriage the prenuptial agreement will be forgotten, but it’s always best to keep it update with your life.