Use our prenuptial agreement template to create a contract that defines what happens to both spouse's assets and affairs in the case of a separation or divorce.
What to Know Before Using our Prenuptial Agreement Template
A prenuptial agreement is a vital document for any couple to create. A separation or divorce is easier to execute if the terms of the split are already decided upon. One tip is to make sure the witnesses who are present when you sign this document list their full names. In case the witnesses need to be contacted at a later date this makes the process easier.
A couple should always strive to agree to terms that are reasonable and fair to both parties. Terms set up like this are more likely to be enforceable than terms that create a significant imbalance between parties.
Important Questions to Consider Before Signing a Prenuptial Agreement Template:
- One of the most important topics to discuss with your spouse when writing up a prenuptial agreement is how real estate will be divided in the case of a separation or divorce. In many cases, pre-martial property that was bought by one party will be joint property once the marriage is final. Thus, it is important to outline exactly what property or portion of property each party owns.
- If you own a business before you got married, you should specify if your spouse is entitled to any portion of your company in the case of a separation. This clause is especially important if you operate or plan to create a business in which you have equity partners.
- Income and assets are a big focus for prenuptial agreements. Thus, you should also be sure to discuss debts or financial obligations each partner has at the time of marriage. This discussion would involve looking at joint credit cards or loans. Finally, you would decide what percent of these debts belong to each spouse.
While our prenuptial agreement template looks to ensure legality with two witnesses and a required notary signature, there may be specific rules about how postnuptial agreements need to be executed in your state. Thus, you should take care to ensure that this agreement will be enforceable in your state and, if, in doubt, legal advice should be sought.