You should get a prenup because couples building a future together often overlook this key step in financial planning. A prenup is more than just a legal document—it's a roadmap for your shared financial goals and plans. Drafting one establishes clear guidelines for managing assets (and liabilities) and ensures all your wishes, plans, and goals are considered.

If you're ready to take the next step, Neptune is here to help. As your prenup concierge, we're here to answer any concerns or inquiries about the prenup process. We can also match you with a highly qualified family law attorney who can create a detailed prenuptial agreement clearly outlining your financial rights and responsibilities.

Planning the Prenup

Creating a prenup is an important step in building a strong financial future with your future spouse. It’s an opportunity to have open, honest conversations about your financial expectations, goals, and concerns. This level of transparency encourages a high degree of trust, which is key to a healthy relationship. 

The process of drafting a prenup typically includes the following steps:

• Gathering Financial Information: You both need to fully disclose your assets, including retirement or bank accounts, real properties, and investments, as well as liabilities, which can include credit card and student debts. 
• Choosing an Attorney: Hire a separate attorney and someone well-versed in family law. A qualified lawyer can help you navigate the entire prenup process.
• Writing the Prenup: The attorneys we match you with at Neptune can draft a comprehensive and fair prenuptial agreement that complies with state laws. The document outlines spousal support and financial rights or obligations, ensuring a fair and thorough representation of both partners' interests. 
• Finalizing and Filing: Once both partners have thoroughly read and reviewed the contents of the prenup, the lawyer can file it according to state requirements and laws. Make sure to sign and notarize the prenup before filing.

Seeking independent legal advice is crucial when planning a prenuptial agreement. This ensures its validity and enforceability. Remember, the court can invalidate a prenup if it isn't executed correctly or when the couple fails to disclose some assets or liabilities.

Talking to Your Partner About the Prenup

When planning a prenup, consider speaking to your partner at least six months before the wedding date. This allows ample time to discuss the terms, negotiate, and write the document.

A six-month timeframe also allows couples to effectively work through their financial goals, expectations, and plans. By giving yourself plenty of time for planning, you can ensure the prenup is fair, thorough, and reflects your shared financial values. When talking to your partner, highlight the benefits of a prenup to ensure they feel comfortable (and not threatened).

Initiating the prenup conversation way before the wedding date can also strengthen your partnership. Discussing your financial expectations openly can build trust and a stronger foundation for your future as a couple.

What Does a Prenup Cover?

The prenuptial agreement can cover spousal support, property division, business interests, and debt obligations. It will clearly specify how assets are distributed, providing clarity and reducing potential conflicts. However, it must not include child support, or it will not be valid.

Child support isn't included in the prenuptial agreement, for a child's needs can change over time. This is why you must consult a lawyer to ensure everything in the agreement is valid and correct.

What You Need to Know Before Signing

Before signing the prenuptial agreement, both partners must take time to read and understand the terms thoroughly. This is important as the court can invalidate the agreement when there's proof that one party doesn't fully understand or isn't comfortable with the terms. 

Couples must also ensure the agreement isn't biased, which can be grounds for invalidity. Most importantly, always consult your lawyer if you have concerns or other issues with the prenuptial agreement.

Don't Skip the Prenup

While some couples may not feel compelled to write a prenup, we recommend considering it. Opting out may lead to psychological distress as both of you will not have control of your assets. Moreover, skipping the prenup means missing out on the opportunity to have an honest and open discussion with your partner about money, especially your own financial goals and values.

Writing a prenup provides a framework for discussing financial matters, helping you clarify goals and align your financial priorities. Thus, you and your partner can build a stronger, more resilient relationship.

Is the Prenuptial Agreement Really Necessary?

While not mandatory, all couples should consider drafting a prenup to promote honest and open communication. It may be particularly necessary for those with significant assets or financial obligations. For example, if you own a business, the prenup can safeguard your business partners' interests. Some may also decide to shoulder their debts to avoid burdening their partners.

What Is a Postnup?

Unlike the prenup, the postnup is agreed to and signed after the wedding. The postnup process almost mirrors the prenup. Both partners must consult a lawyer to create a fair and comprehensive agreement that considers their interests. If you're already married or your wedding date is close, ask Neptune about drafting a postnup. You can take our postnup quiz to learn more about how it works.

Practical Considerations

Timing is a crucial factor to ensure the prenup is valid and can be enforced. Both partners must also voluntarily agree to and sign the prenup to avoid issues in the future. When in doubt, ask your attorney. It's also essential to note that both partners must seek independent advice to avoid bias, which may lead to the invalidity of the agreement.

Take the Right First Steps With Neptune

If you're ready to start the prenup process, Neptune can help. We make the entire prenup process easier by answering all of your questions, reducing lawyer time. Our vetted attorneys are also skilled in family law and charge a flat rate for their services. 

We can match you with a qualified lawyer who creates and executes a fair and valid prenuptial agreement. Don’t let the process overwhelm you. Instead,  use our tools to strengthen your relationship and build a strong foundation for your future success as a couple.