To sign a prenup is to take a proactive step many couples are now recognizing before saying 'I do.' When properly understood and used, a prenup helps partners create a solid financial plan for their future together, ensuring transparency and financial security.

However, it’s important to understand what makes for a valid agreement before signing on the dotted line. To ensure fairness and legal enforceability, you and your partner should have your individual lawyers review the document thoroughly. Depending on where you live, you might need to sign the agreement before witnesses or in front of a notary public to make it valid.

Because state laws vary, it’s usually recommended to have expert guidance on these matters to avoid the court throwing out your agreement. That’s where Neptune can help. 

We are a prenup concierge service that provides couples with comprehensive information about prenuptial agreements. With our help, you can have access to experienced family attorneys so you don’t make mistakes that may invalidate your prenup.

Before You Sign a Prenup

First, it’s crucial to have a heart-to-heart talk with your partner about the prenuptial agreement and why it makes sense for your relationship. In other words, both of you must be on the same page about getting a prenup. You don’t want to surprise your partner with a request to sign an agreement they know nothing about.

Remember, discussing money matters with your significant other can be tough, so be sensitive when you broach the subject. Reassure your partner that seeking a prenup doesn’t mean you distrust them or doubt the future of your relationship. Instead, explain how a prenup can give you both peace of mind and help you plan your financial future together.

It’s usually a good idea to start these discussions early in the process. This way, no one is pressured or rushed into signing the agreement. You’ll both have ample time to think things through and agree on what to include in your prenup before making it official.

Important Points to Remember Before Signing a Prenup

A prenup typically needs to meet some criteria to be valid. These criteria include:

1. Full Disclosure

Talking about your finances during the prenup process can feel a bit uncomfortable, but being completely transparent and honest with your partner is absolutely essential. Don’t be afraid to openly discuss all of your relevant financial details, including:

All accounts (such as savings, retirement, and brokerage accounts)

• Real estate
• Debts
• Potential inheritances
• Businesses

Openly disclosing your finances establishes trust from the outset. It also means that you both have a complete understanding of each other’s financial situation before making your union official.

2. Legal Representation

Couples can write their own prenup, but working with a lawyer helps avoid mistakes and ensures the agreement is legally sound. It’s usually best for each person to have their own attorney to review the terms, clarify any concerns, and make sure everything is fair and enforceable.

3. Compliance With State-Specific Laws

Prenuptial agreements need to comply with the laws of the state where they are executed or where you reside at the time of your union. Some states may follow rules that are based on the Uniform Premarital Agreement Act (UPAA), while others don’t. That’s to say, what makes a prenup valid in one place might differ from another because of the different legal frameworks across states.

To make things easier, Neptune can match you with an experienced lawyer in your area who understands the ins and outs of local prenup laws. With their expert guidance, you and your partner can have peace of mind knowing your agreement is legally sound.

4. Voluntary Agreement

For a prenup to be valid, both partners must sign the agreement voluntarily. This means that once you’ve both reviewed the document and are satisfied with its terms, you should sign it willingly, without feeling pressured or coerced by each other or external factors.

5. Witnesses and Notarization

Some states require prenups to be notarized as this verifies the identities of both parties. Others require both partners to sign the agreement in front of witnesses who also sign the document themselves.

These procedures are not always mandatory, but it’s a good idea to have your prenup notarized and witnessed if possible. Notarization simply verifies that you actually signed the agreement. On the other hand, having witnesses confirms that you both signed the prenup with sound minds and were not coerced.

When to Sign a Prenup

It’s always a good idea to sign your prenup well before your wedding date. It’s even better if you both can put pen to paper at least one month (or longer) in advance. This way, you have plenty of time to think about the terms without worrying about meeting any deadlines.

Here’s something else to keep in mind. The exact time to sign your prenup depends on where you live. For example, if you live in California, you’ll need to wait seven days before signing the final draft of the agreement. This is precisely why you should hire a lawyer who’s familiar with your state’s prenup rules.

After You Sign a Prenup

After signing your prenup, make multiple copies and store them in a safe place. Be sure that you and your partner can easily access the agreement whenever you need it. And remember, you don’t need to file the agreement with any organization for it to be valid.

Neptune Can Help You Get Started

Understanding how to sign a prenup starts with a good grasp of various legal requirements, especially those specific to where you live. With Neptune, you gain access to qualified family attorneys who understand exactly what you and your partner need and can craft legally sound agreements. 

Chat with Neptune today to get started.