Drafting Prenuptial Agreements: How Family Lawyers Protect Your Future

Prenuptial agreements, often referred to as “prenups,” are contracts entered into by couples before marriage. These contracts outline the division of assets and financial responsibilities in the event of divorce or death.

While the idea of a prenup may seem unromantic, having a well-drafted prenuptial agreement can provide peace of mind for both parties. A carefully drafted prenup can help you feel more confident about your financial situation. It can address concerns before they become larger issues and reduce stress down the road if things don’t go as planned.

A family attorney can assist you and your partner in creating a prenuptial agreement that is fair, easy to understand, and legally binding. This article will discuss the benefits of having a family law lawyer draft your prenup agreement. Call us today at 801-685-9999 to schedule a consultation. 

Creating a Solid Foundation for Your Prenuptial Agreement

Contrary to what some believe, prenups are not just for the wealthy or those with significant assets. A prenuptial agreement can benefit couples looking to protect their assets, business interests, or financial stability.

Statistics show that the popularity of prenuptial agreements is on the rise. According to a survey conducted in 2022, 15 percent of engaged or married respondents had signed a prenuptial or premarital agreement. This was up from 3 percent in 2010.

Consider some steps to creating a solid prenuptial agreement.

1. Open communication

Transparency and open communication promote mutual respect and create a solid foundation for any successful prenuptial agreement.

Begin with a candid discussion about:

• Current debts and assets
• Future income and career plans
• Financial support during and after the marriage
• Property ownership and division

While discussing financial matters and potential future scenarios may be uncomfortable, these conversations are essential to building trust and mutual understanding.

2. Consult a lawyer

An experienced family law lawyer can guide you through the entire process of drafting a prenuptial agreement.

It is recommended that each spouse seeks his or her own legal representation to ensure that the prenuptial agreement is fair and that his or her individual interests are protected. This helps prevent any claims of coercion or unfairness down the road.

3. Financial disclosures

Both you and your future spouse should provide a complete and honest disclosure of your financial situation by:

• Listing properties, investments, bank accounts, and all other assets
• Detailing mortgages, credit card balances, loans, and all other debts
• Revealing information on current income and expected future inheritances

Full financial disclosure is an essential step to making your prenuptial agreement a legally binding contract. Failure to disclose financial information can result in a prenuptial agreement being deemed invalid in court.

4. Be fair and reasonable

The terms of prenuptial agreements should be fair to both parties. Keep in mind that the court is probably not going to enforce an agreement that is heavily one-sided.

Consider the following tips to ensure fairness:

• Allow both parties plenty of time to review and consider the prenup agreement
• Do not pressure or coerce the other party to sign the document
• Ensure that the terms are reasonable for both parties involved

5. Consider potential future changes

While it is impossible to predict the future, well-written prenuptial agreements should account for various potential scenarios. Flexibility in the prenup can accommodate life’s uncertainties.

Your lawyer may suggest including provisions for the following:

• The birth or adoption of children
• The acquiring of new property or assets
• An increase in financial income or employment status
• The division of a family business as it grows

How a Family Law Attorney Can Assist in Drafting Your Prenuptial Agreement

Drafting prenuptial agreements involves careful planning and experienced legal counsel. Experienced family law attorneys play a crucial role in this process. They ensure the agreement is well-written, fair, and legally enforceable.

Consider the role of family lawyers in drafting prenuptial agreements. They can:

• Tailor the agreement to your individual needs: Every individual’s situation is unique. Attorneys can tailor a prenuptial agreement to address your specific financial goals and concerns in the event of a divorce. 

• Offer legal guidance and knowledge: Family attorneys specialize in matters related to marriage, divorce, and asset distribution. Your lawyer can provide objective and impartial divorce advice, helping you to make informed decisions.

• Ensure legal compliance: Each state has specific laws that govern prenuptial agreements. Your family lawyer will make sure that the prenup agreement complies with all legal requirements, making it enforceable in court.

• Resolve conflicts: Lawyers can mediate discussions between couples, enabling them to resolve contentious issues. If disagreements arise while the prenuptial agreement is being drafted, your lawyer will help you and your partner find amicable solutions.

• Finalize the agreement: After you and your partner agree on the terms of the prenup, your lawyer will finalize the document. The prenuptial agreement needs to be in writing and signed by both of you. Some states may require notarization.

Questions to Ask Your Family Lawyer When Drafting a Premarital Agreement

While discussing a prenuptial agreement can seem daunting, it is an important step towards ensuring that both you and the person you are marrying are financially protected going forward.

Before your initial consultation with a family attorney, you may want to make a note of specific goals and concerns you have regarding the prenup. Additionally, it may be beneficial to prepare a list of questions you have for your lawyer, to ensure you fully understand the process ahead.

To get the most out of your prenuptial agreement, here are some suggested questions you might want to ask your family law lawyer:

• What assets should be included in a prenup?
• What are the specific legal requirements for a prenup in my state?
• Are there specific timing requirements for signing a prenup?
• Do both of us need independent legal counsel?
• Can we amend the prenuptial agreement after marriage? If so, what is the process for making amendments?
• How much will it cost to draft a prenup?
• What are common pitfalls to avoid when drafting premarital agreements?
• Will my property or business assets become marital property?
• How will child support, spousal support, or other financial obligations from previous relationships be handled?
• What happens in the event of death?
• How do we ensure our prenuptial agreements are enforceable?
• How would our assets and debts be divided in the absence of a prenuptial agreement?

What to Bring to Your Lawyer’s Office When Drafting a Prenuptial Agreement

When drafting a prenuptial agreement, you will need to present a variety of documents outlining your income, assets, and debts. It is not always necessary to bring all of your partner’s financial details to the initial meeting, but having a general understanding of his or her financial situation can be helpful.

The exact documents you need to bring to your lawyer may vary because every marriage and prenup is different. This list provides you with a basic idea of the documents necessary to draft a prenuptial agreement.

Proof of income

You will need to provide documentation of any income that you and your future spouse regularly receive.

This may include:

• Recent pay stubs
• Tax returns for at least the prior year
• Business tax returns for at least the prior year
• Documentation of bonuses or dividends
• Retirement plan annual statements

Proof of assets

This refers to the personal property owned by you and your spouse-to-be.

Needed documentation may include:

• Bank statements: Statements from savings, checking, and other bank accounts

• Investment account statements: Details of stocks, bonds, cryptocurrency, retirement accounts, and all other investments

• Property ownership documents: Deeds and mortgage statements for any residences, businesses, vacation homes, and other properties you each own

• Life insurance policies: Details of any life insurance policies, including policy numbers and a list of recipients

• List of valuable personal property: This can include jewelry, antiques, art, and collectibles

• Vehicle titles: Loan statements and titles for all cars, motorcycles, boats, RVs, and any other vehicles you own

List of liabilities

This refers to the debts and financial obligations that you owe, including:

• A copy of lien documents on any property
• Credit card statements
• Copies of unpaid medical bills
• Copies of tax bills
• Mortgage statements
• Unpaid student loan statements

Existing legal documents

You should bring documentation of any prior legal agreements, such as:

• Prenups or marital agreements from a prior marriage
• Copies of any current trusts, wills, or estate planning documents
• Existing court orders such as child support, alimony, or other financial obligations from a previous relationship

Take the Next Step by Contacting Our Law Firm Today

If you are engaged, you might consider discussing a prenuptial agreement with your partner. A well-drafted prenup can provide peace of mind and a clear financial framework for your marriage, allowing you to focus on building a strong and happy future together.

Whether you are ready to draft a prenuptial agreement or have questions about the process, our team of experienced family law attorneys is here to assist you. Remember, drafting a successful prenuptial agreement requires legal knowledge and attention to detail.

Contact Brown Family Law today to schedule a consultation. Call us 24/7 at 801-685-9999 to speak to a live representative. Our legal team can help you navigate this important step with confidence and peace of mind.