3 Tips for Creating a Bulletproof Prenup

Prenuptial agreements are beneficial for every couple. Contrary to popular belief, they are not only for the rich and famous. Whether you are a blue-collar worker or a multimillionaire, it is a good idea to sign a prenup before your marriage.

Not every prenup is bulletproof, however. If you do not properly write up a contract, it may be thrown out during a future divorce. Here is how to create a prenup that will stand up in court.

1. Act Quickly

The sooner you sign a prenup, the better. While you may not want to bring out the papers and attorneys immediately after your proposal, you should certainly do it before much of the wedding planning gets underway. It should be one of the first steps you take after your engagement. If you wait until you send out your wedding invitations and hire the photographer, it is more likely for there to be some coercion or duress.

2. Be Honest

Starting your marriage with honesty is one of the best things you can do. It is best to keep no secrets and be as transparent as possible. As you sign a prenup, make sure you are honest with how much wealth you have and what inheritance you may be getting down the road. Do not try to hide assets or else your prenup may be invalid.

3. Be Sensible

Your prenup should only address certain issues. While your prenup may address how you will manage money as a couple or how assets will be split in a divorce, it cannot determine other issues, such as child custody. If you try to include absurd or unlawful clauses in your prenup, you run the risk of a judge throwing it out later.

Believe it or not, signing a prenup may be one of the best things you do for your marriage. Follow these guidelines to ensure it is a bulletproof document.

FAQs

What Are the Three Main Reasons To Get a Prenup?

A prenuptial agreement is often considered for three key reasons: preserving personal assets that each spouse brings into the marriage, such as real estate, a business, or investments; promoting financial transparency and clear communication about future expectations; and protecting against large debts or addressing the financial needs of children from an earlier relationship. By setting out these terms in advance, a prenup establishes a legal structure for handling money and property, which can help minimize disputes and reduce emotional strain if the marriage ends in divorce.

What Is the Loophole in a Prenup?

A prenuptial agreement itself doesn’t contain loopholes, but it can still be challenged in court. Issues such as pressure to sign, incomplete financial disclosure, unfair or one-sided terms, or failure to follow proper procedures, like allowing enough time or having independent legal counsel, may render it invalid. If any of these problems exist, the agreement could be set aside during divorce proceedings.

What Do Prenups Not Protect?

A prenuptial agreement cannot influence decisions about child custody or support, since those are left to the court and based on what is best for the child. It also cannot address illegal conduct or day-to-day personal matters such as household duties or religious practices. Likewise, a prenup does not guard against outside issues like lawsuits, nor does it prevent assets from being mixed with marital property, which may make them divisible. Finally, it cannot include terms that go against public policy or appear to encourage divorce.

California Prenuptial Agreement Resources:

• Do Prenups Positively Impact Marriages?
• Is My California Prenuptial Agreement Unenforceable?