Should I Get a Prenup? A Guide for Couples

Not sure if you should get a prenup? That’s completely normal. But if you’d rather not leave your financial future to chance, it’s worth exploring. A prenup offers clarity, sets expectations with your partner, and helps you build a solid foundation together.

Couples often skip this step, assuming it’s only for the wealthy. In reality, it’s a smart way to plan how you’ll handle money, assets, and debt together. It’s not just paperwork; it’s part of long-term financial planning.

When do you get a prenup? The best time is before marriage, when you can make thoughtful decisions without added pressure. It gives you space to talk openly and set shared goals.

Neptune helps you figure out if you should get a prenup before marriage and whether a prenup is right for everyone, all through a calm, guided process that puts your future first.

Planning the Prenup

Creating a prenup is an essential step in building a strong financial future with your partner. 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 list all your assets, including retirement and bank accounts, real estate, and investments, as well as liabilities, which can include credit card and student debt.
• Choosing an attorney: Each of you should hire an attorney 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.
• Finalizing and filing: Once both partners have thoroughly read and reviewed the agreement, the lawyer can file it according to state 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, if a partner fails to disclose some assets or liabilities, or if a couple shares a lawyer.

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 make sure the prenup is fair, thorough, and reflects your shared financial values. When talking to your partner, highlight the benefits of a prenup. Both of you should feel comfortable with the decisions.

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.

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 have a prenup, it really is an investment in your future. 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, with a focus on financial goals and values.

Creating 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 address 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. Each partner 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. 

Take the Right First Steps With Neptune

When you’ve made the decision to get a prenup, Neptune can help. Neptune is a financial concierge that wealth-building couples trust to lay the foundation for their shared future, starting with prenups. By combining emotionally-intelligent AI, vetted legal experts, and transparent flat-fee pricing, Neptune creates financial alignment, transforming a traditionally tense process into a relationship-strengthening experience. Start the conversation with Neptune today.