Writing Your Own Prenuptial Agreement

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With the rise of the internet, the sky is literally the limit on what you can accomplish.  For example, there are many resources for people who are trying to write their own prenuptial agreements and you may even be able to find a prenuptial agreement sample in books or online.

Writing a Prenuptial Agreement

A prenuptial agreement works to protect your assets and is signed prior to getting married.  Once the person that you intend to marry signs the agreement, he or she is bound by law to stick to the terms.  When writing your prenuptial agreement you will want to consider everything that you have that could possibly be divided up in a court of law should you be faced with divorce proceedings.  Think about those things that you would not mind sharing and those items that you flat out refuse to share.

  • First and foremost, you will need to research what assets you can include in a prenuptial agreement.  Each state may have a different list of exceptions so you will want to verify that what you are including is acceptable in a court of law in the state in which you reside. 
  • Research the standard language used in prenuptial agreements and make sure that your language mirrors it.  Avoid using slang terms and make sure that you write clearly and that your language is concise.
  • You might consider downloading a pre-written prenuptial agreement.  These agreements are available on the internet for a nominal fee.  They are for legitimate use and are very user friendly.  All that you will be required to do is fill in the blanks with the text that is appropriate and relevant to your situation. 
  • Think about not just the present, but also the future when you draft your agreement. What will happen if you have children? While you can't waive the right to child support in a prenup, you can indicate who will be responsible for certain things such as college educations or other expenses for kids.

Getting Help

If you are not sure how to complete a prenuptial agreement, you may want to consider seeking legal assistance.  A lawyer will be able to either draft the prenuptial agreement for you or at the very least, go through what you already have and steer you in the right direction. A prenuptial agreement must be a valid and legally enforceable contract or it will not provide you with the protection you need, so getting expert legal help to write or review the contract is essential to ensuring you are adequately protected.

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