How To Get A Prenup

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What Is A Prenup?

A prenup is a written agreement between two people before they get married.

A prenup usually lists all the property and debts each person has.

A prenup also specifies what each person’s property rights will be after the marriage.

What Does A Prenup Do

What does a prenup do?

A prenup will provide you and your spouse with a plan for:

what property is separate property and marital property
whether one spouse will stay home to raise kids and for how long
how to pay off existing debts
who would pay alimony and how much
what to do with the marital home in the event of separation
how to handle finances during the marriage
how to pay taxes
how long the agreement lasts (and when it should be updated)
what to do with a business if there is one

Who Needs A Prenup?

Whether you need a prenup depends on your situation.

They are not only for wealthy individuals who are protecting assets.

Everyday people like us can use them too.

And it’s important to note that prenups protect both spouses.

Unfair and on-sided prenups most likely won’t hold up in court.

For a prenup to be enforceable, the prenup agreement must:

be fair to both spouses
have both people sign voluntarily
not favor one spouses only
have transparency about the assets and debts

Children From Prior Marriages

Some states have laws where the surviving spouse gets everything if you die.

Others split the deceased spouse’s assets between the surviving spouse and all the children.

Your prenup will allow you to specify that some of your property goes to your children.

Otherwise, the surviving spouse might have the right to claim a large part of your property.

This would leave your children with a lot less.

Financial Rights

Most divorces happen due to financial incompatibility.

Having a prenup to spell out all the financials will make your marriage more successful.

Some things you should consider are:

Will one parent stay at home to raise the children?
If so, will they go back to work after a certain period of time?
What happens if one spouse becomes unable to work?
How much money can one person spend without discussing it with each other?
Who will save for retirement and how much?
Whose career will you all follow if there’s a new opportunity?
What will you all do to help your parents when they get older?

Create Guidelines For Divorce

No one plans on divorce.

But this is a good time to think of what would be the fairest outcome if it happens.

Creating a fair plan now will save you thousands in the cost of divorce later.

Things to discuss are:

how marital property will get divided
how much alimony will get awarded
who will pay alimony
who will get joint social media accounts
who will get the pets

What Happens If You Don’t Get A Prenup?

If you don’t make a prenup, your state’s laws determine how your property will get handled.

They determine:

who owns the property acquired during your marriage
what happens to your property during a separation
what happens to your property if you die

Your marriage is a contract between you and your spouse.

Without a prenup, the marriage contract comes with automatic property rights.

Without a prenup, a spouse has the right to share:

ownership of marital property
ownership of separate property that marital funds got spent on
responsibility of debts the other spouse incurred on their own
management and control of the marital property
the right to sell or give away marital property

Sometimes you don’t want your marriage to follow these family laws.

In this case, you’ll want to get a prenup.

You have two options when it comes to how to get a prenup.

hire a prenup lawyer to create the prenup for you
download a do it yourself prenup agreement

Your prenup should be written in a way that’s clear, understandable, and legally sound.

If it’s written incorrectly, it will not hold up in court.

If it’s not clear, fair, or legally sound, the judge will throw it out.

Your marital property, separate property, and debts will get split according to family law.

And if one of you dies, the other spouse:

will be responsible to creditors
may not get to keep all your property

If you want to have a prenup attorney create a prenup for you, fill out the form on this page.

We will make sure:

your spouse gets your property in the event of death
separate property is not co-mingled and lost
neither of you gets raked over the coals financially
neither of you gets unfair treatment in the event of separation

But what if you want to do a do-it-yourself prenuptial agreement?

Do It Yourself Prenuptial Agreement

We also offer do-it-yourself prenuptial agreements.

Our do-it-yourself prenuptial agreements come with worksheets and instructions.

This allows you and your significant other to save hundreds of dollars on your prenup.

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Major states that we provide prenups for are:

Texas, Colorado, California, and Georgia.

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.

Disclaimer

This website is for informational purposes only. It is not legal advice. Consult an attorney if you are seeking legal advice.