From getting started to getting married, there are eight basic steps to making a prenup. Here, we introduce you to each in turn, and explain how this book helps you along the way.
1. Start Early
Begin planning for your prenup as soon as possible -- at least three months before the wedding. If you wait until the last minute, you may not have time to decide what you want and get it done in time. (An agreement signed after the wedding is not a prenup. It is a postnuptial -- or postmarital -- agreement, and is covered by more stringent legal rules.)
Plan to sign your prenup about a month before the wedding. The closer you get to that all-important day, the more likely it becomes that your agreement won't stand up in court later.
Before signing, you should allow a couple of months -- or longer, if you can -- for talking together and figuring out the details of your agreement, getting it reviewed, and putting it into final form for signing.
Although it's possible to plan and finalize a prenup in less than three months, moving too fast will add unneeded stress and could doom your efforts to create a clear and fair agreement.
A premarital agreement is a binding legal document. It's true that some prenups get thrown out of court because they were signed at the last minute, but that doesn't mean yours will be. If you have reservations about a proposed agreement, don't sign it with the hope that you can get out of it later. You never know exactly what a particular court or judge might do.
2. Decide Whether You Need a Prenup
If you're reading this book, you've probably already decided that a prenup is what you want. Even so, it doesn't hurt to take a little time to examine your situation (together, if possible) to figure out if a prenup is what you need. Chapter 2 is devoted to helping you decide whether a prenup is right for your situation.
3. Agree on the Specifics
Once you've decided to go forward, the next step is to figure out exactly what your agreement should say. This involves doing some list making and some soul searching, both separately and together. Clear communication is essential to success in this endeavor, and it doesn't hurt to know a little about constructive negotiating, too.
4. Create a Draft Agreement
You'll almost certainly be better off if you have your final prenuptial agreement written up by a lawyer. A good lawyer can ensure that you put together a contract that meets the requirements of your state and says exactly what you want it to say. In fact, as we explain later, you will greatly improve the odds that your prenup will stand up in court if each of you has a separate lawyer review and sign off on the agreement.
Even if you take our advice and work with lawyers, you'll save expense -- and wear and tear on your nerves -- by taking the time to write down what you've agreed on. That way, you'll both be in sync on the fine points before you ask a lawyer to prepare the final agreement. You'll also minimize the risk of having a lawyer put together a one-sided agreement that doesn't reflect what either of you wants. You can use your draft to check the lawyer's work, making sure nothing's been missed or misunderstood. Of course, if you elect not to use a lawyer to write up the final agreement, then your draft will eventually become the document you sign.
5. Write Up the Final Agreement
After you've made a draft agreement, each of you should read it carefully to see whether you need to make changes to it. Once that's done, you'll either prepare the final document yourselves or hire a lawyer to help you; the best way to proceed is to hire separate lawyers for each of you.
6. Show the Agreement to Your Lawyers
Whether you've prepared the final agreement yourselves or with the help of a lawyer (or two), the next step is to have your separate lawyers review the agreement to confirm that it's legally sound.
7. Sign the Agreement
Signing the agreement should be something you remember without regret. Plan to sign at a time when you can pay attention to the moment. If the agreement will be notarized, you'll need to arrange to sign when a notary is available. You may also have to contend with your lawyers' schedules, so it's important to plan ahead. You may even want to make a ceremony out of the event, or you might plan a little celebration afterward -- just the two of you. Whatever you do, after the hard work you've done getting to this point, do what you can to make signing the agreement a relaxed and positive experience for both of you.
8. Enjoy Your Wedding
Your wedding day promises to be one of the happiest moments of your life. When you get there, put away this book, file away your prenup, and enjoy the day. Our best wishes will be with you.