Writing a prenup allows couples to openly discuss their financial status, responsibilities, and expectations. It reduces future conflicts, promotes transparency, and helps with financial planning. The prenuptial agreement specifies which assets—stocks, money, real properties, and mutual funds— are marital property or owned separately.

Some couples decide to pursue it to reduce stress in their relationship, for example, when one partner has significant debt. In the agreement, they can specify that the other partner is solely responsible for their debt. 

Are you thinking of writing a prenup? Ask Neptune to learn more about essential prenup topics or consult our attorneys for further assistance. We're happy to match you with one.

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What to Do Before Writing the Prenup

Before drafting your prenup, laying the groundwork for a clear, mutually beneficial agreement is essential. The steps below ensure that your prenup accurately reflects your financial goals and needs.

Speak With a Lawyer

A family attorney is knowledgeable about prenups, can provide expert insights on relevant laws, and can help draft an agreement that reflects your interests. Hiring a lawyer also avoids potential disputes down the road and ensures the agreement is valid and compliant with state laws. You'll likely follow the proper procedures for filing the prenup with a lawyer by your side.

Couples should hire separate lawyers to ensure that the agreement is fair, fully understood, and legal. The court can invalidate the prenup if only one lawyer represents the couple. Having separate counsel creates a balanced and fair agreement that meets each partner's goals and needs for their future together.

Write Down All Assets and Liabilities

Failing to disclose a single liability or asset can invalidate the agreement and lead to conflicts. Before writing the prenup, gather all relevant financial documents, including bank statements, insurance policies, investment accounts, debt records, and property deeds.

What Makes a Prenuptial Agreement Valid?

A prenuptial agreement can only be enforced when it meets specific criteria such as:

• Must be in writing and signed by both partners: Your prenuptial agreement must be on paper. Both of you must read and fully comprehend the terms of the agreement before signing. If you have questions, consult with your lawyer to ensure everything is clear and aligns with your interests. A notarized prenuptial agreement also carries more weight in court and is more likely to be enforced.  
• Prenuptial agreements should be voluntary: Couples should not be forced into signing a prenuptial agreement they don't agree to. The agreement should be voluntary, and no one should be coerced into agreeing. Otherwise, the court will invalidate the agreement.
• Full financial disclosure: As mentioned, you can avoid omitting assets and liabilities by gathering all financial documents required for the prenup. You may also need to hire a professional to help assess real property and ensure their value is accurately reflected in the prenuptial agreement.      
• Transparent and fair: Contact your attorney to review the prenup carefully after drafting it. It should be free from contradicting statements that may invalidate it. Ensure everything is clear and the agreement is beneficial to both partners. ‍
• Signed before the wedding: Both partners must be given enough time to read and carefully review the terms of the agreement. They must fully comprehend what is written in the agreement, ensuring they understand its implications and how it might impact their interests. Before signing the document, ensure that all modifications are included. Also, the agreement must be signed at least a week before the wedding. Additionally, couples should update the prenuptial agreement every two to three years to ensure it continues to comply with the laws in their state and still highlights the couple's shared financial goals and values.

What to Include in Your Prenuptial Agreement

A well-crafted prenuptial agreement offers financial security and provides peace of mind. It also reflects each partner's financial rights and responsibilities. But what exactly should be included in the agreement? The prenup should cover essential items, which include the following:

Premarital Assets and Liabilities

The prenuptial agreement must reflect all relevant assets and liabilities. The document can specify which investments or debts are marital or separate property. Assets can also include an inherited business, and you can decide whether it should be marital or retained as separate property. 

Managing a business requires experience and expertise, so some couples might decide to maintain individual ownership to prevent potential management issues. By addressing these concerns in the agreement, you and your partner can alleviate financial stress and better understand your rights and responsibilities as you work on building your future together. 

In addition to assets, it's crucial to disclose debts and who is responsible for them. Transparency about debts can impact a couple's financial stability and overall happiness. By addressing these issues in the prenuptial agreement and having this open and honest conversation early on, you can work with your partner to effectively manage financial obligations and reduce future stress on your relationship.

Financial Responsibilities

Are you planning to have children? Your prenuptial agreement can help you prepare for this new chapter in your life by discussing and outlining the financial responsibilities of this exciting life change. Addressing alimony arrangements also helps ensure a clearer understanding of your commitment to each other.

Inheritance

If you're waiting for a significant inheritance, consider addressing it in the prenuptial agreement. As inheritances often involve other family members, listing it as separate property can provide more control and clarity. Remember, you can also always revisit your agreement down the road if circumstances were ever to change.  

See How Neptune Can Help Simplify an Otherwise Complex Process

Do you need help writing your prenuptial agreement? There are basic prenup template available, but they don’t always address your specific goals and needs. You want to create a solid foundation for a strong financial future with your partner. 

Don't become overwhelmed by the process. A qualified family attorney can draft and review the document, ensuring it complies with the laws in your state. If you need more resources on crafting a fair and balanced prenuptial agreement, consult Neptune.

We can match you with the perfect family attorney to guide you through the complex prenuptial process. The attorney offers clear, transparent pricing and free consultations so you can get started on mapping out your future with less hassle.