Prenups are enforceable if you make sure all legal requirements are met. When drafting a prenup with your partner, you must outline clear goals and expectations. Also, you want to ensure that signing this agreement establishes those guidelines and that you are both on the same page when it comes to your goals and values for your future together.

At Neptune, your prenup concierge service, we help you create a prenup that fits your goals and objectives while also being sure it is enforceable. You can start using our tools today to find out how prenups can work for you.

What Is a Prenup?

Before getting into more specifics about whether a prenup is enforceable or not, consider what makes an agreement like this a truly legally binding document. Prenups are a tool that enables those who plan to find a way to outline some financial objectives and goals in advance. Both parties can discuss their needs and goals within that document and work out an agreement that is representative of their planned future together.

The rules for putting a prenup in place differ from one state to another. However, the 1983 Uniform Premarital Agreement Act is federal legislation that creates clear standards for prenups. It currently applies to 28 states right now. The other 22 states also have prenup options, but the scope of what can and cannot be included in them differs significantly from one to the next. That includes how and when the prenup is enforceable.

What Can a Prenup Do for You?

A prenup is enforceable when it achieves the objectives of both people who enter into the agreement together. Aside from factors like state rules, prenups focus on creating a strong financial future for both parties. They will include insights on:

• Property rights and long-term management objectives
• Interests of children from previous relationships
• Inheritance decision making
• Financial planning for a wide range of future potential scenarios
• Rights to financial tools like life insurance policies

There are many things prenups cannot do, and if you include those into your agreement, they are not enforceable.

How Can You Be Sure Your Prenup Is Enforceable?

Prenups work as a type of blueprint. What you put into the blueprint is a set of guidelines for the future based on all sorts of situations that could occur. When your relationship status changes, you may need to rely on these guidelines to help you navigate the legal process and maintain the promises and goals you both established early on. 

For that reason, your first step is to ensure your prenup includes everything that it legally can in a clear and precise manner. You will want to make sure you understand all components of the prenup, including how and when they apply, as well as what factors could change them, such as having more children or making career-changing moves.

Once you have an idea of your needs, you can use Neptune to start the process. This is a great way to gather more information on your rights and opportunities while also putting together an enforceable blueprint.

Some of the most important components of these agreements include:

• It is voluntary. Both parties agree to the terms through open communication. Both people come to an agreement with equal interest and the desired outcome.
• Full financial disclosure is necessary. One of the most important elements that could help make a prenup enforceable is ensuring full financial disclosure. If information about liabilities, assets, or income is lacking, it could make it much harder for the document to remain legally binding.
• It should be fair and equitable. The terms within this agreement should be fair and equitable, meeting both of your goals. Be sure that both you and your partner have an opportunity to build an equitable agreement that benefits both of you.
• Execute it properly. The final step to ensuring a prenup is enforceable is signing it and notarizing it according to the rules set by your state. You’ll need to have an attorney look it over to do that.

Neptune can provide valuable support throughout the prenup process. We offer you and your partner the personalized guidance you need, so the process doesn’t feel so overwhelming. We also offer vetted lawyer recommendations that can help you get off on the right foot and help ensure your prenup is ironclad and enforceable. 

Challenges to the Enforceability of Your Prenup

Your attorney can provide you with guidelines about what could change the enforceability of your prenup over time. Sometimes, these agreements do face legal scrutiny, but your attorney’s insight into this process helps minimize that.

You can also limit that risk by ensuring you both agree, making drafting the prenup a joint process and collaboration. That way, you can feel good about these decisions, as can your partner.

If you’re looking to proactively build a strong financial future for your relationship, a prenup is a smart move. By working with Neptune and the trusted attorneys we connect you with, you can be confident that your prenup will be enforceable, giving you greater peace of mind. 

Neptune helps couples have valuable conversations so they can fairly collaborate on future decisions. To learn more about whether prenups are enforceable or what you can expect moving forward when planning for forever, connect with Neptune now. We are here to help.