Most states require the prenuptial agreement to be in writing and for both parties to have separate legal counsel to fully disclose their liabilities and financial assets, such as bonds, stocks, annuity funds, bank statements, retirement accounts, and appraisals for property. To reach an agreement, consider hiring an attorney to help you create your prenuptial agreement, and in order to reach an agreement with your partner, you could use collaborative law, traditional negotiation, or mediation.
When creating a prenuptial agreement, it’s crucial that you hire a competent attorney who is knowledgeable in the current state laws regarding prenups. An attorney will ensure that your rights are protected and will cater to your specific needs. Hiring an attorney is an investment in your future.
Here’s some items to consider adding to your prenuptial agreement checklist:
- Real Estate – Real estate is very important to add to your prenup. This can include the house you purchased before you met your partner. In the unfortunate event of divorce, your prenuptial agreement would protect your property, outline home ownership, and established what’s to happen to the home during the separation or divorce.
- Separation of Business Interests – To specify and maintain business ownership or establish specific percentages of ownership and business investments, include your business interests in your prenuptial agreement.
- Alimony – Many couples decide to discuss and outline expectations regarding alimony, so they can understand the potential of spousal support.
- Assets Earmarked for Children – If you have children from a previous relationship and know that you would like certain assets you currently own — money, stocks, or furniture or other real property — to be inherited by these children, a prenuptial agreement can include language listing which specific property is to be kept separate for their interest.
- Bank Accounts & Credit Cards – Whether you have a substantial savings account or are in credit card debt, it’s wise to include bank accounts and credit cards to your prenuptial agreement checklist. A prenup can specify which items and accounts will remain separate during divorce.
Reasons to Seek Professional Consultation
Because prenuptial agreements can vastly vary in their contents, it is strongly encouraged that couples consult an attorney when drafting a prenuptial agreement. Doing so will undoubtedly cover all your bases in terms of making sure the contract is clear and justifiable to a potential future judge. Including an attorney will also keep couples from including frivolous content that may even cause a judge to dismiss the agreement altogether. Another important consideration is that because every states’ laws vary regarding prenuptial agreements, many couples believe that what they read online can lead them to draft a legally binding document. The reality is, however, that attorneys are well versed in a given states’ laws, and they know how to draft a document that would be legally enforceable.
Rieger, LLP can help you navigate the complicated process of creating a prenuptial agreement that works for you and your soon-to-be spouse. Our legal team is experienced and knowledgeable about family law and will work tirelessly to make sure you retain your rightful assets. If you’re looking for a family or divorce lawyer near you, contact Rieger, LLP today by calling (516) 280-8880.