Prenuptial Agreements, Doing it Right
Posted on Apr 25, 2010 10:45am PDT
With the hustle and bustle of preparing for the big wedding day, the importance of having a prenuptial agreement done thoroughly and with care is sometimes neglected. Without proper preparation, this contract can easily be deemed invalid if contested by an angry ex. Believe it or not, prenup challenges happen frequently. In a recent article by Laura Petrecca, USA TODAY involving prenuptial agreements, she referenced a survey done in 2006 on American Academy of Matrimonial Lawyer members and half of them stated that during the previous five years, prenup challenges had increased.
Just a few things to consider when having a prenuptial agreement drawn up:
Get "his" and "hers" lawyers. Men and women are different and both viewpoints need representation.
Pick a professional prenup partner. Laws do vary from state to state, and enforcement can sometimes be tough if the prenup is not drawn up with care.
Ask your partner about the prenup question early. Some experts recommend creating a marriage contract at least six months before the wedding; others say at least 30 days.
Reveal the facts about your financial position. All assets and liabilities need to be fully disclosed when drafting a prenup. That includes potential future inheritances.
If you are considering marriage and getting a prenuptial agreement done, an experienced family law attorney can address all of your questions and concerns. As the old saying goes, an ounce of prevention is worth a pound of cure.