What is a prenup?

A prenuptial agreement (prenup) is a private contract between you and your partner that you sign before walking down the aisle. It must be signed before the wedding day, otherwise, it’s not a valid prenup. Prenups do not need to be filed on public record anywhere to be considered valid and enforceable, so the information within remains confidential. Just sign the agreement and store it in a safe place. Hopefully, you’ll never need to use it!

Who should get a prenup?

Anyone can get a prenup. There’s no dollar amount requirement for a prenuptial agreement—you both can have $0 and still create an effective agreement to outline existing debt and future acquired assets. And the misconception that a prenup only benefits the richer spouse is outdated. Prenups can (and should) protect both spouses. In fact, if an agreement is overly one-sided, it is at risk of being challenged and ultimately thrown out if a judge deems it unfair. People who want to protect their existing or future assets, protect against debt, have children or pets to protect, or simply want a way to get on the same page as their future spouse should consider a prenup!

You both are required to disclose your finances

A major part of the prenup process includes financial disclosure. Virtually all states have this requirement. You both must disclose to your partner the values of your income, assets, debt, and future inheritances. If there is any hiding, omitting of material info, or bad faith acting in the financial disclosure, the prenup may be at risk of being thrown out. Why? Financial disclosure is critical to allowing both parties to be aware of what they are getting into. Marriage is effectively a contract and a merging of finances, so understanding your partner’s financial landscape is crucial in signing away rights in a prenuptial.

State laws make the rules

Prenups are dictated by state laws, which means that to have a valid and enforceable agreement, you must adhere to the laws in your state. And what is required in one state may not be required in another state. For example, California has something known as the seven-day rule, which doesn’t exist in any other state. Here are some other common rules that most states require:

• Put the prenup in writing
• Make sure it is signed by both parties
• Some states require notarization and witnesses
• Include full financial disclosure
• Make sure both parties enter into the agreement voluntarily
• Make sure the agreement is reasonable (it doesn’t need to be 50-50 but should be conscionable)

If you do not follow your state’s laws, your prenup may not hold up in court. So, it is important to draft an agreement using a reputable online service like HelloPrenup or an attorney in your state.

Prenups can include many topics, but some things are off-limits

What can you include in your prenup, you ask? Most financial topics are on the table—things like property division, spousal support, debt allocation, joint bank accounts, taxes, lump sum payments, etc. Things that are off the table are child matters, such as child support, custody, and visitation. Also, things that are against public policy, such as requiring sexual acts or criminal acts.

It’s most important to understand that you cannot address child matters in your prenup. This is best left to determine at the time of divorce and based on the best interests of the child.

Enforcing your prenup is easy

Many people mistakenly believe that prenups are thrown out left and right, and that’s just not true. It takes a lot to get a prenup thrown out. Not only does one spouse have to want to challenge the agreement, but they also have to file an action in court to challenge the agreement. This is expensive, stressful, and time-consuming.

In addition, public policy generally favors the right of two parties to agree to financial terms before getting married. The only time a court feels comfortable getting involved and throwing out an agreement is if the agreement is totally unfair, unreasonable, or not in compliance with state laws.

Getting a prenup online is legitimate and convenient

Utilizing platforms like HelloPrenup is a legit way to get a prenup. Former family law judges have even said there is nothing wrong with getting a prenup online as long as it follows the laws of your state. It can also be an incredibly affordable and convenient way of getting a prenup. HelloPrenup customers often report getting their prenup done in two days or less. In contrast, the old-fashioned way of hiring an attorney can be time-consuming, as it takes, on average, one month to complete and is costly (averaging about $8,000 per couple). Plus, who wants to spend a bunch of time with a divorce attorney right before getting married?!

The prenup process brings you closer together as a couple

83% of HelloPrenup users said that getting a prenup made them feel closer together after their prenup was complete. Why is this? Well, during the prenup process, you both are required to dig deep, be open and honest with each other, and think about future shared goals. Things like income, retirement, savings goals, children, and even death and divorce are just some of the topics you’ll cover during the prenup process. You work as a team to come to an agreement on not only divorce aspects but also things that will occur during the marriage, such as joint bank account contributions and tax filings.

Take control of your financial future with a prenup

So, while wedding planning can be a whirlwind of excitement, don't forget the prenup. They’re private contracts that are convenient and easy to get online, and they’re frequently enforced by courts. You can include financial matters that help set the tone for your marriage and create a stronger foundation. Whether you choose the convenience of an online platform like HelloPrenup or work with an attorney, taking the time to create a prenup can be a powerful way to set you both up for long-term success as individuals and as a couple.

Protect Your Future. Learn About Prenups. Free Consultation.

Secure your future with a clear understanding of prenuptial agreements. HelloPrenup offers free consultations to answer your questions. https://helloprenup.com/

Schedule your free consultation: https://calendly.com/helloprenup/helloprenup-consultation?month=2024-12