This is the complete prenuptial agreement checklist.
It has every question that you and your significant other need to consider.
You can download a free copy of the prenuptial agreement checklist below.
Let’s dig in.
Download a free prenuptial agreement checklist that you can sit down with your partner to discuss. Fill out the form below.
Your prenup will protect BOTH of you.
It doesn’t mean that you plan on divorcing.
It doesn’t mean you don’t trust each other.
It’s a guideline for how to handle unexpected events down the road.
These events can be things like:
Related: Divorce Statistics
Your prenuptial agreement checklist covers the assets and debts you each currently have.
Protecting premarital assets is what people normally think of for a prenuptial agreement.
But a prenup will also separate premarital debts too.
A prenup agreement will protect one spouse from the other’s debts like:
In the event of a death or a separation, a prenup will protect the other spouse from these debts.
Let’s say that the husband has $150,000 in medical debts.
Of course, during the marriage, the wife will be helping him pay that off.
But if he dies, creditors can come after her for those debts.
Or, if they separate in 10 years, she could be responsible for 50% of the remaining balance.
Let’s talk about the questions you want to discuss for this section of the prenuptial agreement checklist.
Things to think about for the finance part of your prenuptial agreement checklist.
If the marital property gets used to fund separate property, the separate property is not marital.
Let’s look at some examples:
Separate property usually goes to the spouse who originally owned it.
But, separate property can be divided if:
The next section of our prenuptial agreement checklist is what you are doing with marital property.
Now you know how to keep property separate.
But what about your marital property?
This may not feel like a big deal at this point in your life.
Try to think long-term.
Some examples of why you would need or want this are:
These examples may not apply to you.
But think of what scenarios could possibly happen to you and plan ahead.
You and your spouse most likely have different money styles.
Finances are one of the most common reasons for divorce.
Figuring out how to handle finances can reduce the chances of them leading to separation.
One spouse may feel like saving and investing for retirement is the biggest priority.
The other may feel like vacations and experiences are the biggest priority.
You can do both and work together to meet both goals.
This is part of your prenuptial agreement checklist.
Related: Grounds for Full Custody of Child
Have you seen each other’s credit reports?
Do you know what debts each other has?
Do you know each other’s credit scores?
It does seem dumb to ask these things.
You’re not getting married because of their credit scores.
But it’s still important.
One spouse may have a ton of monthly debts they owe.
Or they may have a credit score that’s destroyed.
When you two go to get a house, rent an apartment, buy a car, or anything, this affects your ability to do so.
Related: Reasons a Judge Will Change Custody
We’ve seen marriages crumble because of this.
One spouse has goals to be a stay-at-home parent.
The other expects them to work to financially contribute.
This part of the prenuptial agreement checklist is about how to handle work.
Everyone’s favorite topic.
Who pays alimony and how much?
It’s not a requirement that you all discuss this now.
But it can reduce arguments in the event of a separation.
A lot of family members will provide gifts.
These gifts could be:
Figuring out how to handle this helps you avoid conflict later.
Taxes are normally something we just naturally acclimate into.
Most of us don’t give them much thought at all, honestly.
Here are some tax-related questions to consider.
Spouses go back to school for a bachelor’s degree, a trade skill, or a master’s degree.
If this happens, the working spouse has to support the family while the other is in school.
This part of the prenuptial agreement checklist addresses the expectations surround that.
Related: How Long Does A Divorce Take
Life changes and it’s difficult to foresee everything that will happen.
Your prenuptial agreement can have an expiration date on it.
Even if you don’t want it to expire, you can have it scheduled to get renegotiated.
Related: Custody Battle For Fathers
Some spouses start businesses separately.
Some spouses start them together.
Here are some questions to ask about business in your prenuptial agreement checklist.
Related: Last Will and Testament
This section is discussing the grounds for divorce.
It means who committed an action that triggers the reason for divorce.
These can include but are not limited to, affairs, drug additions, abuse, neglect, abandonment, etc.
Some states do not allow fault-based divorces while the rest do.
Related: How to Leave Your Husband
Estate planning is often an after-thought for most couples.
You should create a will after major life events.
These major life events can be things like:
Your will feels insignificant when you’re young.
But some states will split up your assets per the intestacy laws.
That doesn’t mean your spouse will get everything.
And if both of you die, but your child survives, your child will go into the foster care system.
It doesn’t matter if you have capable and willing family members who want to care for them.
So, here are some of the questions you should ask related to death and disability.
Related: Temporary Guardianship Without Court
IIf you want the best attorneys to create your prenup, fill out the form below.
We have the experience needed to ensure that your rights are protected.
This means that you don’t wrongfully lose custody of your children.
We also make sure that your separation is equitable and fair.
This means you don’t get raked over the coals financially.
We also know how to set it up so you are protected in the event of a death.
After you fill out the form below, we will set up your free consultation.
You want to invest into your future. Whether that’s protecting yourself with a prenup, getting a fresh start with divorce, or setting up your estate. You deserve reliable attorneys who get results. Fill out the form above for your FREE consultation.
This website is for informational purposes only. It is not legal advice. Consult an attorney if you are seeking legal advice.