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Guidelines for drafting a successful prenuptial agreementSeparate lawyers. Both partners need access to all relevant information when they are discussing the agreement's terms.Keep it simple. Don't attempt to write the agreement yourself.Be fair.Professional degrees.Personal banking.The final document.
The UPAA (the Golden State's Uniform Premarital Agreement Act) determines the constraints for prenups in California. Couples in California can draft their own prenups, however, if not done properly then it is easy for the contract to become void or invalidated.
Unlike many states, Missouri has not adopted the Uniform Prenuptial Agreement Act (UPAA). Rather, the enforceability of prenuptial agreements in Missouri is guided by statutes and case law. As a general matter, a prenuptial agreement must be in writing and signed by both you and your future spouse to be enforceable.
How to Make a Valid PrenupMust be in writing (no oral prenuptial agreements)Must be signed by both parties and attested to.Parties must enter into the agreement freely, fairly, willingly, understandingly, in good faith, and with full disclosure.Must be conscionable.
A prenuptial agreement cannot include personal preferences, such as who has what chores, whose name to use, where to spend the holidays, information on child-rearing, or what relationship to have with specific relatives. Premarital agreements are meant to address monetary issues.