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The prenuptial agreement typically addresses items like the characterization of income during the marriage, division of financial responsibilities, day-to-day living expenses, property distribution, and even its own termination. Many couples are surprised to find out what may and may not be included in such agreements.
Antenuptial/Pre-nuptial Agreement: The contract will state what each party's rights and responsibilities are in the event of a divorce to assets and liabilities. Commonly, the Statute of Frauds requires the agreement to be in writing and signed to be enforceable.
The prenup must be in writing. The prenup must be signed by both parties. The prenup must be notarized (this isn't true for all states, but it's always better to be safe than sorry) There must be some level of financial disclosure (some states allow waiver of financial disclosure, with stipulations)
Couples in California Can Write Their Own Prenups Under the California Uniform Premarital Agreement Act, as long as the contract respects and fulfills the state's legal requirements, it will be viewed as a valid and legally binding agreement with or without input from a licensed attorney.
Prenuptial Agreements can benefit both partners, and be helpful in the event a marriage does end in divorce. It's far easier to negotiate a financial arrangement that is fair while you're communicating well, rather than after being served divorce papers.
What Documentation Should I Provide? A copy of all bank account statements; A copy of investment account statements; Business-related documentation, including an estimated value; Titles and deeds to all real property; Insurance policies; Appraisals and tax bills for real estate;
From a purely legal standpoint, a prenuptial agreement does not have to be drafted by an attorney to be enforceable. As a practical matter, however, prenuptial and postnuptial agreements can be very complex. More importantly, they can be deemed unenforceable if they are not carefully written.
Attorneys are not required to draft a prenuptial agreement in Washington. However, the presence of attorneys may help ensure enforcement. If you or your fiance have questions or concerns about your legal rights with respect to the agreement, it is a good idea for you to consult independent legal counsel.