A Prenuptial Agreement or a Prenuptial Agreement Checklist is a legal agreement between couples who are about to be married. The agreement discusses the division and allocation of their properties should their marriage fail.
More commonly known as a “Prenup”, this legal agreement allows for less difficulty in terms of determining financial and ownership rights when marriage meets an unfortunate end. While it has a negative connotation in popular media, signing this agreement is a good failsafe for both parties.
Furthermore, despite what popular media would have you believe, a prenuptial agreement is not exclusively for the rich. The agreement can also be entered by more modest couples as well, especially those who are concerned about their financial rights.
To emphasize the significance of a Prenuptial Agreement, below is a list of things that might happen in the event of a divorce, if you do not have or execute one.
- Your properties will be subject to state law and the court can have control over how they are allocated.
- Ownership of the marital property will be divided between you and your spouse, usually under court rule.
- Debts that both of you incur during the marriage can be earned by the other party
- The right to give away or sell the marital property will be divided between both parties, usually by the court.
If you feel like the possibilities above do not sit well with you, then it is advised that you make a Prenuptial Agreement.
Couples who are interested in filling out a prenuptial agreement form can download a PDF copy from a website that offers legal document templates. They may print and fill it out manually.
You can also fill out a prenuptial agreement electronically on PDFRun.
Before filling out the form in earnest, input the state and county where you are filing the agreement.
The first paragraph of the agreement contains the date when the prenuptial agreement was written and the full names and addresses of both parties that are entering the agreement.
Below are the terms of the agreement. Read each item in the agreement carefully and completely.
This is to confirm the identities of the people who are entering the agreement. Input your name and the name of your partner here.
Input the state whose laws will apply to this agreement.
This section states that all properties will be treated as either one of you or your spouse’s property (as Separate Property) unless otherwise stated in the agreement. There are also exemptions to Shared Property and property with proof of shared ownership.
This section is a confirmation that both parties are willingly entering this agreement.
This section states that neither you nor your spouse will have the right to claim ownership over any of the other’s separate properties in the division of assets and properties.
This section states that any debt that is acquired by one party due to their separate property is their sole responsibility. The other party will not pay for it.
This section states that all debts solely owned by either party will be considered as such unless otherwise given in this agreement. There are also exemptions to shared debts or debts with proof of shared legal responsibility.
Estates and Testamentary Disposition
This section states that nothing in the agreement will limit the rights that a party has as a spouse or as a surviving spouse.
This section states that nothing in this agreement will limit the rights of either party to name each other as a beneficiary in their wills or other testamentary disposition.
Intention of the Parties
This section states that though intentions and circumstances involving this agreement may change, the agreement is binding and will be strictly followed by both parties.
Duty of Good Faith
This section states that this agreement is to be founded on the trust of both parties towards one another. Each party must act towards one another with the utmost good faith.
This section states that you and your spouse must agree to provide further documentation as would be reasonably required to give the agreement full force and effect of all the terms in the agreement.
This section states that this agreement will be binding to the benefit of both parties and the parties’ respective heirs, executors, administrators, and assigns.
Input the state whose laws shall govern this agreement. These state laws will be used to interpret this agreement and the status, ownership, and division of property between Parties.
Termination or Amendment
This section states that this agreement can only be amended and terminated through the written and signed approval of both parties.
This section states that this agreement is made by both parties that agree to all the terms that are written. Furthermore, this agreement supersedes all similar agreements whether written or oral.
IN WITNESS THEREOF,
To confirm the validity of the agreement, each party is required to have two witnesses each, making a total of four witnesses.
First, input the date of signing of the witnesses and then affix the signatures and the printed names of the witnesses on the spaces provided below.
Signing the Agreement
To sign the agreement, input first the date of signing.
And then, affix both of your signatures on the spaces below “Signed by:”. Make sure to input your full name below your signature as well.
The last page of the agreement is reserved for the notarization of the document. This is so that the document will be recorded properly.
Input the state where the notary public is located.
Input the County where the notary public is located.
The body of this notarization letter is composed of the following information
- Name of the Notary Public (to be filled out by the notary)
- The name of both parties (you must fill this out)
- Date of notarization (to be filled out by the notary)
Notary Public Signature
This is where the notary public will sign your document, officially notarizing it. Do not fill this out.
My commissions expires:
This is for how long the notarization is valid. This is to be filled out by the notary public.
What is the purpose of a prenuptial agreement?
A prenuptial agreement is a contract between two people who are about to be married. The agreement typically spells out how the couple will handle their finances and property if they divorce.
Prenuptial agreements can be helpful in protecting each person's assets and preventing financial disagreements down the road. They can also help couples agree on what would happen to their property and possessions in the event of a divorce or death.
For couples who have significant assets or property, a prenuptial agreement can provide peace of mind and help avoid potential disagreements or arguments in the future. Prenuptial agreements can also be beneficial for couples who have children from previous relationships. By spelling out how assets will be divided in the event of a divorce, parents can help protect their children's interests.
If you are considering entering into a prenuptial agreement, it is important to consult with an experienced family law attorney. An attorney can help you understand your rights and obligations under the agreement and can ensure that the agreement is legally binding.
What should a man ask for in a prenup?
A prenup is a way to protect your assets in the event of a divorce. It can be used to ensure that you receive what you are entitled to and to make sure that your rights are not trampled on during the divorce process. There are many different things that can be included in a prenup, but here are some of the most important things to consider:
- How will the property be divided?
This is one of the most important aspects of a prenup. You need to think about how you want your property to be divided in the event of a divorce. This includes things like homes, cars, savings accounts, and investment accounts.
- How will the debt be divided?
Another important aspect of a prenup is how you want your debts to be divided. This includes things like credit card debt, student loans, and any other debts that you may have.
- How will child custody be handled?
If you have children, you need to think about how they will be taken care of in the event of a divorce. This includes things like who will have primary custody, how visitation will be scheduled, and how child support will be paid.
- How will alimony be handled?
If one spouse makes significantly more money than the other, alimony may be an issue. You need to think about how much alimony you would be willing to pay, and for how long.
- What will happen to the family business?
If you own a business together, you need to think about what will happen to it in the event of a divorce. This includes things like who will get to keep the business, how it will be valued, and how any debts associated with the business will be divided.
- How will retirement accounts be handled?
Retirement accounts are another asset that needs to be considered in a prenup. You need to think about how you want your retirement accounts to be divided, and whether or not you want your spouse to have access to them.
- What happens if one spouse dies?
If one spouse dies, there are a few different things that need to be considered. First, you need to think about how you want your assets to be divided. This includes things like your home, your car, and any other assets you may have.
Second, you need to consider what will happen to your debt. This includes things like credit card debt, student loans, and any other debts you may have.
Third, you need to think about how you want your children to be taken care of. This includes things like who will have primary custody, how visitation will be scheduled, and how child support will be paid.
Finally, you need to consider what will happen to your family business. This includes things like who will get to keep the business, how it will be valued, and how any debts associated with the business will be divided.
These are just a few of the things you need to think about when you are creating a prenup. It is important to make sure that you cover all of your bases so that you are prepared for anything that may happen in the future.
What are the pros and cons of a prenup?
There are both pros and cons to having a prenuptial agreement.
Some of the pros include:
- You and your spouse can agree on how to handle your finances during the marriage, which can help prevent arguments and conflict over money.
- A prenup can protect your assets in the event of a divorce or the death of a spouse.
- A prenup can provide clarity and peace of mind for both you and your spouse, knowing that your financial interests are protected.
Some of the cons of having a prenuptial agreement include:
- You may have to give up some rights in a divorce if you have a prenup, such as spousal support or division of property.
- A prenup can be seen as a lack of trust between you and your future spouse.
- A prenup can be costly to create, both in terms of money and time spent on negotiations.
Ultimately, whether or not to have a prenuptial agreement is a personal decision that should be made by you and your future spouse after careful consideration and discussion. If you do decide to create a prenup, it is important to make sure that it is fair to both parties and is legally binding in your state.
Is a prenup a red flag?
There's no easy answer to this question. A prenup can be a red flag if it's something that's requested last minute or if it seems like one person is trying to take advantage of the other. However, a prenup can also be a sign that a couple is serious about their relationship and wants to protect their assets. Ultimately, it's up to each couple to decide whether or not a prenup is right for them.
Who benefits from a prenup?
Generally, prenups are beneficial for couples who have significant disparities in their financial situations. For example, if one partner is significantly wealthier than the other, a prenup can help protect the less wealthy partner's assets in the event of a divorce. Additionally, prenups can be beneficial for couples who have been married before and want to protect their assets from being divided in the event of another divorce. Finally, prenups can also be used to protect businesses or other property that is jointly owned by a couple.
Prenups can be beneficial for both men and women, but they are often thought of as being more beneficial for women. This is because women are typically less financially secure than men, and a prenup can help protect their assets in the event of a divorce. Additionally, prenups can help protect women from being taken advantage of financially by their husbands.
While prenups can be beneficial for many couples, they are not right for everyone. For example, couples who do not have significant disparities in their financial situations may not need a prenup. Additionally, couples who are not planning on having children or who do not own any property together may also not need a prenup. Finally, couples who trust each other completely and have no reason to believe that their marriage will end in divorce may also choose to forego a prenup.
What is better than a prenup?
A prenup is a great way to protect your assets and ensure that your rights are respected in the event of a divorce, but what's even better than a prenup? A postnuptial agreement.
A postnuptial agreement is very similar to a prenup, except that it is executed after you are already married. Like a prenup, a postnuptial agreement can help you protect your assets and ensure that your rights are respected in the event of a divorce.
There are many reasons why you might want to consider executing a postnuptial agreement. For example, if you have come into some money or property during your marriage, you may want to protect it in the event of a divorce. Or, if you have been married for many years and your financial situation has changed, you may want to update your agreement to reflect your new circumstances.
Whatever your reason for considering a postnuptial agreement, it is important to consult with an experienced family law attorney before executing any such agreement. An attorney can help you understand the implications of such an agreement and ensure that it is fair and equitable for both you and your spouse.
Does infidelity void a prenup?
If your prenuptial agreement has a clause that states infidelity will void the agreement, then yes, infidelity can void a prenup. However, if there is no such clause in your prenup, then infidelity cannot void the agreement. It is important to carefully read and understand all clauses in a prenuptial agreement before signing it. If you have any questions about the meaning of a particular clause, be sure to ask your lawyer for clarification.
Does a prenup protect your money?
A prenup is a contract between two people who are about to get married. The contract spells out how the couple will handle their finances and property if they divorce.
A prenup can protect your money and property in a divorce, but it is not foolproof. If you have a lot of assets or income, you may want to consult with an attorney to draft a prenup that meets your needs.
A prenup is not required in all states, but it is a good idea if you want to protect your assets. If you do not have a prenup and you divorce, your state's laws will determine how your property is divided.
A prenup can be used to:
- Protect your separate property (property that you owned before the marriage)
- Protect your inherited property
- Protect your rights to certain assets, such as a business or professional practice
- Set up different ownership rights for properties acquired during the marriage
- Determine how debts will be paid if the couple divorces
Make provisions for children from a previous marriage or relationship
If you are considering a prenup, you should consult with an attorney to make sure that the agreement is legal and enforceable in your state.
Is signing a prenup a good idea?
There is no easy answer when it comes to whether or not signing a prenuptial agreement is a good idea. It depends on each couple's individual circumstances and what is important to them. For some couples, having a prenup can provide peace of mind and protection in the event of a divorce. For others, the very idea of a prenup can be a source of contention and distrust.
If you are considering signing a prenuptial agreement, it is important to sit down with your partner and have an honest conversation about your finances and your expectations for the future. Once you have decided that a prenup is right for you, be sure to consult with an experienced attorney to draft an agreement that will protect your rights and interests.
Are people with prenups more likely to get divorced?
A prenuptial agreement is a contract entered into by two people prior to marriage. The contract outlines each person's financial rights and responsibilities in the event of a divorce.
Some people believe that having a prenup is an indication that the couple is not fully committed to their marriage, and as a result, they are more likely to get divorced. However, there is no concrete evidence to support this claim. In fact, many couples who have prenups find that it actually strengthens their relationship because it allows them to openly discuss their financial expectations and goals for the future.
Whether or not you have a prenuptial agreement, it is important to remember that no marriage is ever 100% guaranteed to last forever. If you are considering a prenup, it is important to speak with an experienced family law attorney to ensure that your rights are fully protected.
Can I protect my 401k with a prenup?
A prenup can protect your 401k in several ways. First, you can specify in the agreement that your 401k is separate property and not subject to division in the event of a divorce. Second, you can use a prenup to waive your right to receive spousal support, or alimony, from your ex-husband. This can be especially important if you have a large 401k balance and your husband has limited income and assets.
If you are considering a prenup, it's important to consult with an experienced family law attorney who can explain the pros and cons of this type of agreement and help you draft an airtight contract.
Is it wrong to ask for a prenup?
No, it is not wrong to ask for a prenup. In fact, it is often a good idea to have a prenuptial agreement in place before getting married. A prenuptial agreement can help protect your assets and financial interests in the event of a divorce. It can also make things easier and less stressful if you do end up getting divorced down the road. If you are considering asking for a prenup, be sure to talk to an experienced family law attorney who can help you understand your rights and options.
How can I protect my wealth without a prenup?
There are several ways to protect your wealth without a prenuptial agreement:
- Keep your assets in a trust — This ensures that your assets are protected and can only be used for specific purposes, such as your children’s education or your retirement.
- Create a financial plan — This can help you to determine how to divide your assets in the event of a divorce.
- Get life insurance — This can provide you with financial security in the event of your death.
- Invest in property — This can give you an asset that is separate from your spouse and can be used as collateral if necessary.
- Save money — This can help you to have a cushion in case of unexpected expenses, such as divorce.
Making sure that you are prepared financially for divorce will help to protect your wealth and ensure that you are able to maintain your standard of living. Consulting with a financial advisor can help you to create a plan that meets your unique needs.
What are things that cannot be included in a prenuptial agreement?
There are several things that you cannot include in a prenuptial agreement, such as:
- Anything that would be considered illegal or against public policy.
- Anything that would result in one party being taken advantage of financially.
- Anything that would cause undue hardship to either party.
- Anything that is not fair and reasonable to both parties.
- Anything that would be considered contrary to the best interests of the child or children of the marriage.
These are just some of the things that cannot be included in a prenuptial agreement. It is important to discuss your specific situation with an experienced family law attorney to ensure that your agreement is valid and enforceable.
How do I protect my house if I get married?
If you are planning on getting married, you may be wondering how you can protect your house in the event that something goes wrong. The first thing you need to do is create a prenuptial agreement. This document will outline what each person's ownership rights are in the property and how the property will be divided if the marriage ends in divorce. You can also use a postnuptial agreement to protect your property rights after you are already married. These documents can be created with the help of an attorney.
Another way to protect your house is to keep it in your own name. If you put your spouse's name on the deed or mortgage, they will have a legal claim to the property even if you get divorced. You can also add language to your will that states how you want your property to be divided in the event of your death.
Finally, you should talk to a financial advisor about ways to protect your assets in case of divorce or death. They can help you create a plan that will allow you to keep your house and other assets safe.
Do prenups cover money made after marriage?
In most cases, prenups only cover money and assets that are acquired prior to marriage. If you've already been married for a while and didn't have a prenup in place, then any money or assets acquired during the marriage will likely be subject to division in the event of a divorce. However, there are some exceptions to this rule. For example, if one spouse inherited money or property during the marriage, that may be exempt from division in a divorce. Similarly, any gifts received by either spouse during the marriage may also be exempt. It's important to speak with an experienced family law attorney to determine what may or may not be covered by a prenup.
You may use a post-nuptial agreement to address money and assets acquired during the marriage. Like a prenup, a post-nuptial agreement is a legally binding contract between spouses that can dictate how property will be divided in the event of a divorce. However, unlike a prenup, a post-nuptial agreement is entered into after you're already married.
If you didn't have a prenup and now find yourself with significant assets or income that you want to protect in the event of a divorce, then a post-nuptial agreement may be right for you. Speak with an experienced family law attorney to learn more about post-nuptial agreements and whether one may be right for your situation.