How to write a prenuptial agreement that will stand up in court

By |2022-04-06T15:32:50+00:0023 May 2019|Categories: Prenuptial Agreements|


While prenuptial agreements were once used only by couples who had significant assets, today they are becoming more and more common for the everyday couple.

well-written, solid prenuptial agreement can make a couple’s separation or divorce less contentious and much easier. Here are some things to consider when creating a prenuptial agreement:

1. Do you need a prenup?

Sit down with your soon-to-be spouse and start laying out your assets and debts. Learn how much your partner makes, what they own and what they owe. If the two of you don’t own or owe much of anything, there probably is little need for a prenup.

2. Always get an attorney’s help

Creating a prenuptial agreement with your partner is not something the two of you should just do together. An attorney’s help is needed to ensure that your prenuptial covers all that is needed. An attorney’s experience is invaluable and can help ensure your prenup will hold up if a divorce happens.

3. Avoid getting emotional

It can be difficult to keep your emotions out of your prenup, but it’s important to do so. This agreement is one you should look at like an insurance policy. You may never need it, but if you do, you don’t want to use it just to hurt your partner.

4. Be honest

Don’t try to hide your assets or debts. Doing so can get your prenup invalidated if it needs to be used in court during a separation or divorce. While admitting that you have a hundred thousand dollars in student loan debt may not be easy, it’s best to lay everything on the table.

5. Don’t wait to the last minute

A prenup should be completed well before the wedding. This will help the court see that neither of you tried to coerce the other into signing this legal document.

When you follow the above tips for creating a strong prenuptial agreement, you can rest assured that your marriage is getting off to a good start. Knowing that your future may be stronger financially if a divorce occurs can help you enter your marriage with both eyes wide open.

About the Author:

Dorie Anne Rogers - The Law Offices of Dorie A. Rogers, APC
Dorie A. Rogers, a Family Law Specialist, Certified by the State Bar of California, has been an attorney since 1981 with an exclusive family law practice located in Orange County. She is accepting dissolution cases with support and property issues including the use of forensics to ascertain business value, community interests and to establish monthly case flow analysis. Ms. Rogers has substantial experience in high conflict custody litigation involving sophisticated psychological issues. She drafts premarital and postmarital agreement designed to define and establish parties' separate and community property interests. Paternity cases and domestic violence matters are considered part of her practice. Ms. Rogers is a court-approved and court-appointed to represent minor children.Ms. Rogers consults with individuals concerned about entering or exiting a relationship. She advises effective strategies for dissolution or premarital planning. Knowledge is power and good planning affords better results.Specialties: Family Law Specialist, Certified by the State Bar of California
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