3 Steps to an Ironclad Prenuptial Agreement

 A prenuptial agreement specifies how a couple will handle the division of assets, income, spousal support, and property etc in the event of divorce.  Because these decisions are made in advance and while getting along, prenuptial agreements can simplify any future divorce proceeding and keep conflict at a minimum.  But, if the prenuptial agreement has fundamental flaws, it could be contested and voided which simply increases conflict and costs.  Follow these steps to create an ironclad prenuptial agreement:

Sign your Prenuptial Agreement Before You Book the Band

There’s a lot to do before your Big Day and your prenuptial agreement should be at the top of your wedding planning list.  If you try to sign a prenuptial agreement at the last minute, the court might invalidate that agreement finding that both parties did not have enough time to review it before signing.

Share Your Box of Bills

Before my wedding, I took out my “box of bills” to clearly disclose my financial situation to my fiancee.  We still laugh about that box of bills today.  In order to create an enforceable prenuptial agreement, both parties must disclose all of their assets and liabilities.  A prenuptial agreement can be voided if all assets are not disclosed.  Also, if you omit an asset, it could later be subject to division in the event of a divorce.  So to protect all of your assets they must be disclosed and named in the prenuptial agreement.

Get Two Attorneys

Each party needs their own legal representation.  If one party is not represented by an attorney, it could be later invalidated finding that the unrepresented party did not fully understand the terms of the prenuptial agreement prior to signing it.

If you are interested in drafting a prenuptial agreement, contact Elise Buie Family Law Group, PLLC.  Let our skilled attorneys draft an enforceable, ironclad prenuptial agreement that will protect your best interests and be enforceable if and when you need it.  Email us at info@elisebuiefamilylaw.com or call 206-389-1623.

STAY UP TO DATE

Subscribe to our newsletters

 
Subscribe to one or more of our newsletters, delivering meaningful insight on topics that matter to you and your family.

FURTHER READING

Latest Blog Posts

A revocable trust or living trust is an instrument created, as part of your overall estate plan, for the purpose of protecting your assets, including investments, during your lifetime. It can also allow for a smoother transition of said assets…

A prenup can take many of the “what ifs” off the table in the event of divorce. What is separate property, who might have to maintain life insurance, and who will keep the heirloom piano that’s been passed down for…

Many people find it challenging to get started with estate planning. From confusion about the process to denying that estate planning is necessary, there are various reasons why people do not want to create an estate plan. That said, estate…

After divorce, it is common to experience feelings of shame. That shame could arise from multiple sources, including feeling that you let your spouse or children down or because you are worried about what others may think of you. Regardless…

Estate planning can feel overwhelming, but it is necessary to ensure your assets are in order and your loved ones are taken care of. Establishing an estate plan can also make certain issues easier for you and your family during…

In Washington state, alimony is referred to as maintenance. Maintenance is court-ordered spousal support payments that one spouse makes to assist with the living expenses of the other spouse for a period of time and for a particular purpose.  Maintenance…

The homes. The boat. The investment accounts. During a high-net-worth divorce, the disposition of these and other assets (and debts) may be one of the most significant reasons underlying the contention between you and your soon-to-be-ex, making these types of…

This is part three of our three-part series, “Expecting the Unexpected.” You can read part one on catastrophic illness here and part two on chronic illness here. Estate planning may initially bring to mind the process of outlining the manner…

It seemed like it was going to be just another day. Get the kids off to school, do household chores, go to work. But then your spouse let you know it was over between you, that they want a divorce.…

This is part two of three in our series “Expecting the Unexpected. You can read part one on catastrophic illness here. For many, estate planning immediately brings to mind ways you can protect your assets and retirement funds for your…