What Are the Requirements for a Prenup?

What Are the Requirements for a Prenup?

If you are going into a marriage and you want to have a plan in place in case things go south, you should seriously consider getting a pre-nuptial agreement in place. A pre-nuptial agreement will help both parties understand how their assets, debts, and responsibilities will be divided should they get divorced. Overall, this makes the divorce process much simpler, should it come to that.

Keep reading to learn more about prenups and how Kendall Gkikas & Mitchell, LLP can help you protect your assets.

What are the most common reasons for pre-nuptial agreements?

There are many reasons for getting a pre-nuptial agreement, but here we will cover the most common one. Often, pre-nuptial agreements are used to identify separate property prior to marriage. It is put in place to keep this property from becoming communal. This can also preserve the inheritances of children from prior marriages, and also specify spousal support amounts ahead of time. As expected, pre-nuptial agreements are often put in place when there is a large wealth discrepancy between partners.

What are the requirements of a pre-nuptial agreement?

There are some things that are required when you draft a pre-nuptial agreement. You will need proof that the agreement was entered into by each party’s free will. You will also need to show that each party had significant time to review the agreement and that all separate property has been disclosed. Failure to meet any of these requirements could render the pre-nuptial agreement void.

Do I need an attorney to draft a pre-nuptial agreement?

Yes, you need an experienced attorney to draft a pre-nuptial agreement. Without an experienced attorney ensuring that all of the requirements are properly met, you could be rendering any pre-nuptial agreement void.

If you need to draft a pre-nuptial agreement, contact Kendall Gkikas & Mitchell, LLP.

Protecting your assets when going into a marriage is important. You never want to think about a marriage ending, but it is essential to protect yourself in case something happens and the marriage dissolves. Thankfully, Kendall Gkikas & Mitchell, LLP is here to help you draft an air-tight pre-nuptial agreement that can protect you should your marriage not last forever. If you are interested in learning more or getting started, give us a call today at 909-482-1422 to schedule an initial consultation.

To learn more about the reliable and quality family law services that we offer, visit us on the web at Kendall Gkikas & Mitchell, LLP.