What needs to be included
If you are thinking about signing a prenuptial agreement before marriage, then you need to know how to make it air tight.
Prenuptial agreements are not always legally binding contracts, and are often voided when put before a judge. So the best advice anyone could give to you, is that you need to do your research
You need to know what exactly a prenuptial agreement can be used for and what can make it void.
What can a prenuptial agreement be used for?
A prenuptial agreement is a contract which outlines how assets are distributed in the case of divorce. It outlines all your assets which you are entering marriage with, and any debts which you may be entering marriage with. This helps to prevent long drawn out divorces which can become bitter.
How many pages should it be?
There are no set guidelines on how long a prenuptial agreement should be. It depends mostly on the assets and agreements, that you and your partner what to set up. It could only need five or six pages to outline everything; then again it might need one hundred. It shouldn’t be too hard to do though, as both partners should have a mutual trust, after all you are about to enter a marriage.
What shouldn’t you put in a prenuptial agreement?
A prenuptial agreement is about assets, not personal matters.
Many a time prenuptial agreements have gone before a judge and been thrown out, because they discussed personal affairs of the marriage. Personal affairs include things like weight gain, frequency of intimacy and hair colour. As silly as it sounds people do try and include matters such as them, and it is a sure fire way to get the agreement totally voided.
Can you totally separate your finances?
You can separate your finances to a certain degree. If a judge thinks that the prenuptial agreement isn’t fair to either side of the party they may null it. So it needs to have a balance. For instance if the prenuptial agreement states that no child support will be paid in case of a divorce, then that will likely void your contract.
Do you need a lawyer to write the contract for you?
You don’t actually need a lawyer to write the prenuptial agreement for you, although it is advised that you do, with them being so tricky to validate. However all occasions call for a lawyer from each party to be present. During the signing if no lawyer is present when the documents are signed, then it doesn’t matter what’s in the thing, it will be thrown out.
If you are looking for a prenuptial agreement sample to base yours on, then there are many widely available on the internet.
Many of them are totally free to view and print too, which can make the job somewhat easier for you. It is wise to remember though that while the subject might be tricky, you need to sign the papers more than 21 days before the marriage ceremony, again if you do it any closer to the wedding it will not be seen as vaild.