What Is Necessary To Make a Valid Prenuptial Agreement?In most states a valid prenuptial agreement must have these basic factors:- Timing - drafted and signed at least 60 days before the wedding
- Detailed Financial Statement - a full disclose by both spouses of all assets, accounts and values, and any valuable personal property
- Independent Counsel - review of the prenuptial agreement by each spouse's attorney
- Fairness - the prenuptial agreemnent needs to meet the reasonable needs of each party and not be against public policy
- Signing - to satisfy the Statute of Frauds
Why Does a Prenuptial Agreement Have To Be Signed So Early?The law generally disfavors prenuptial agreements that are rushed or signed under pressure at the last minute. Ideally you should provide a comfortable amount of time to allow for modifications of the prenuptial agreement and avoid the appearance of hurrying your fiancee to sign an unfavorable agreement. How Should I Create My Detailed Financial Statement?The easiest way to create a detailed financial statemate is to consult a Certified Public Accountant ("CPA"). A good accountant will know how to best present your assets and create an accurate financial statement. Best of all, it is not critical but a CPA may certify your financial statement as good to provide you with extra protection in case a mistake is made. Have your fiancee provide a financial statement as well, even if you are sure they have no assets. If you don't know a CPA, have your attorney recommend one in your area. What Does My Attorney Do After Reviewing My Prenuptial Agreement?Your attorney may sign a paper certifying that they believe the prenuptial agreement has been reviewed and that you understand everything in the agreement. This is recommended even if you and your attorney wrote the agreement.
What Is a "Fair" Prenuptial Agreement?What comprises a "fair" prenuptial agreement is always up for interpretation, but courts have generally decided that a good prenuptial agreement will provide for the reasonable needs of the dependent spouse, such as rent and food, and accounts for changes in circumstances during the marriage, such as unemployment or an economic disaster. Do I Need an Attorney?Marriage is one of the most significant events in a person's life. If you need a prenuptial agreement, a family attorney is absolutely necessary in order to best protect your rights and your assets. Don't be shy in asking your attorney about any questions or concerns that you have. |
