I got this from Reddit, it’s really vital that you at least look at it. It might save you in the future.
Some things to remember to make the prenup less likely to be disregarded:
- Make sure your intended has legal representation hired to look at and give advice on the prenup, that they get a long time to examine it (days or weeks) and that they aren’t drunk/high/whatever when negotiating (many prenups are thrown out because one party claims they were ‘tricked’ or drunk or whatever)
- Make sure you take care of the prenup well in advance of the wedding (months before, at minimum; many prenups get thrown out beacuse one party claims they were ‘coerced’ into signing by the impending deadline of the wedding)
- Make sure that the prenup is objectively fair (that any stranger off the street would agree it is fair, without knowing anything about either of you). Asking for more than all premarital assets and 50% of marital assets is not a good idea
- Make sure that the prenup does not deal with child support. It is not possible to handle that in the prenup because child support is ‘for the child’ and so can’t be negotiated by the parents. Having child-related things, even in general, in the prenup is just asking for the whole thing to get thrown out.
- Make sure that your intended is fully aware of all of your existing assets. If you hide assets (or if they claim you did) the whole prenup can get thrown out. For best results, list everything out in the prenup, so there is a lasting record that you did, in fact, disclose everything
- Once married, make sure to keep all premarital assets strictly separated from marital assets. Even small mixing, like paying out of your own account for a shared/marital purchase, can get that whole account lumped into ‘marital’ assets.
- Once married, make sure that your name is on all marital assets, in addition to your spouse’s, lest those things be given only to them.
I hope you learned something new.
