How To Bulletproof a Prenuptial Agreement

August 18, 2022

 Prenuptial Agreement

If you are getting married, and you would like to establish a prenuptial agreement (also known as a prenup), there are certain things to consider that will make your prenup airtight and legally enforceable. It is true that no one likes to even consider the idea of a divorce before the marriage even begins, however, creating a prenuptial agreement can ensure that your legal rights and assets are protected if a divorce should ever occur. The following are some ways to create a solid and bulletproof prenuptial agreement, and when you are finished, you can move on to the more enjoyable act of planning your wedding. If you are interested in learning whether or not a prenuptial agreement would be right for your circumstances, consider visiting with the experienced family law attorneys at Johnson Law Group at (720) 463-4333 Text-to-Chat (720) 730-4558 to learn more.

Propose the Prenuptial Agreement Idea

The most difficult part of initiating a prenuptial agreement may be bringing up the subject with your spouse-to-be.  Prenuptial contracts have the reputation of being a way to plan for a divorce, so the idea may seem distasteful. Framing the idea in the correct way is essential, and talking points end up being unique to each couple. Discussing a prenuptial agreement may include explaining one’s professional commitment to a medical practice or small business or explain how one spouse feels obligated to protect the interests of children from a previous marriage. There are many reasons that a person may want to consider a prenuptial agreement, none of which have to do with the idea that they want a divorce in the future. It is important to ensure that you and your future spouse are always on the same page financially, and broaching the subject of a prenuptial agreement can be a strong foundation to other financial conversations in the future of your marriage. If you are interested in learning the exact topics you need to discuss in your conversation with your future spouse, consider visiting with the dedicated family law attorneys at Johnson Law Group before you broach the subject with your fiancé.

Be Quick

As unromantic as a prenuptial agreement seems, some recommend it as one of the first tasks a couple should discuss together after they get engaged. It is natural to want to jump in and start planning the wedding, but it is important to also act quickly regarding a prenuptial agreement. In fact, it is wise to establish a prenuptial agreement before the busyness of wedding planning starts. If you wait until wedding plans are made, there could be legal problems later. Get started with the prenuptial agreement before the wedding dress is purchased and invitations are chosen, so there will not be an argument made that the prenuptial agreement was made under duress, or involved any kind of coercion by one spouse against the other to sign the agreement

Be Honest

Just as honesty is an essential foundation on which to build a marriage, it is crucial to be honest with your spouse-to-be regarding your finances, assets, and any future inheritances you may receive. If you attempt to hide anything, it may cause the prenuptial agreement to be declared legally invalid later by a court.

Be Reasonable

A sense of give and take is at the heart of a marriage, and your prenuptial agreement should include the concept of two people entering into a union. When drafting a prenuptial agreement, do not include every triviality or petty detail possible -- only those that are the most necessary. If you try to include any frivolous or controlling clauses in your prenuptial agreement, it may be considered invalid by a judge at a later time. Items that cannot be included in some states are anything related to alimony, child support, child custody, or illegal acts.

Considerations Within a Prenuptial Agreement

Here are some items that a couple may consider when drafting a prenuptial agreement:

  • Identify premarital property and decide how to treat it upon divorce or death
  • How to pay pre-existing debts
  • How to handle tax issues with the Internal Revenue Service
  • Support of and payment for expenses for children of a prior relationship
  • Treatment of marital property placed into joint ownership
  • Entitlement to alimony (spousal support) post-marriage

If you are interested in learning more about a prenuptial agreement, and if it might be right for your financial and legal circumstances, consider visiting with our compassionate and dedicated legal team at Johnson Law Group today.

Follow Legal Guidelines

Many states issue clear guidelines that the prenuptial agreement must be reasonable and must have been entered into voluntarily by both parties. In addition to this, the document must be written, lawful, be signed voluntarily by both parties, contain a notary’s signature, and each party must have had at least seven days to seek legal counsel before signing the agreement. The prenuptial agreement should be signed at least thirty days before your wedding day, to ensure that it will hold up in court.

Contact an Experienced Colorado Family Law Attorney

It is essential to take the necessary legal steps as you draft your prenuptial agreement. Obtaining the advice and counsel of a qualified attorney can ensure that your legal rights and finances are protected. Protecting your assets and legal rights through a bulletproof prenuptial agreement can be challenging and complex. Hopefully, you will have a long marriage, and never need to use it, but if you do, your legal and financial interests will remain protected. Contact our experienced family law attorneys at Johnson Law Group at (720) 463-4333 or Text-to-Chat (720) 730-4558 today for a free consultation, and to help you with your prenuptial agreement.

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Written by Family Law Attorney Myles S. Johnson
Divorce doesn’t have to be dramatic. For the litigants, losing your spouse is significant enough. But you can choose the way it affects your daily life. The only guarantee I can give is that the feeling that you have right now will not be the feeling you end with. This is a season in your life, and it must be approached that way.
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