The Process: From Conversation to Contract
The process of creating a prenuptial agreement is a structured, step-by-step endeavor that requires careful planning and legal guidance.
Initial Discussion: The most crucial first step is to start the conversation early, well in advance of the wedding. This allows both partners to consider their options objectively and without feeling pressured or rushed. The conversation should be framed as a positive and transparent discussion that benefits both parties, not as a sign of distrust.
Financial Due Diligence: Both parties must undertake a meticulous and honest process of financial disclosure. This includes compiling a comprehensive list of all assets, debts, income, and any future financial expectations. Full and fair disclosure is an absolute prerequisite for a valid agreement.
Drafting and Review: Once financial disclosures are complete, each party should work with their own, separate attorney. The attorneys will draft the agreement based on the couple’s wishes and ensure that it complies with all state laws and legal requirements. It is essential that the final draft is provided to the non-drafting party with enough time for thorough review, adhering to any state-specific waiting periods, such as California’s 7-day rule.
Signing: The agreement must be in writing and signed by both parties. While not a legal requirement in all jurisdictions, it is highly recommended that the signing be done in the presence of a notary public to add an additional layer of authenticity.
The content of www.premaritalagreements is meant for general information and is not considered legal advice.