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Here are some of the things you may need to gather prior to getting a prenup: Income (tax returns, pay stubs) Debt (mortgage statements, car loans, medical debt bills, student loan statements, etc.) Accounts (bank account statements, retirement plan statements, investment account statements, etc.)
A prenup cannot include child support or child custody issues. The court has the final say in calculating child support. The court determines child support based on a "best interest of the child" standard. The court can't uphold provisions of prenups that deal with child support, child custody, or child visitation.
What are the requirements for a valid premarital agreement? Both parties must enter into the agreement voluntarily. The agreement must be in writing and signed by both parties. Both parties should provide disclosure of their assets and income.
Expect the process of drafting a premarital agreement to take 2 to 3 weeks.
How to Get a Prenup Decide if you need a prenup. ... Hire an Attorney to Draft The Agreement. ... Talk to Your Spouse About Finances. ... Make a List of Each Spouse's Assets, Debts, and more. ... Draft the Prenuptial Agreement. ... Define Separate Property. ... Define Shared Property. ... Decide How to Pay Existing Debts.
Here are a few questions Cairns and Martinez suggest couples ask as they consider their prenup needs: What debts and assets are you bringing into the marriage? ... How would you want premarital assets to be handled in the case of divorce? ... Will your separate property be commingled with your marital property?