We Want Prenup

In the month leading up to our wedding, Lucky Kris and I got a (Ahhh!) Prenuptial Agreement. In some couples, I know that the very mention of a prenup would end a courtship, but I think a very excellent case can be made for the prenuptial agreement. The process of having one drawn up is a wonderful exercise in communication for you and your future spouse. I say that because it forces you to talk about a not-so-comfortable thing: money. What you have, what you owe, what you see as yours, what you will continue to see as just yours into the marriage, and what will be ours, etc. all needs to be figured out.  Also, if you have a small business or small children from a previous marriage, then a prenup should be at the top of your list, even before the engagement ring, because your marriage or end of it could significantly affect the financial futures of more than just you.

The process of getting a prenuptial agreement drawn up is quite simple, but there are a few things that I learned along the way which I am happy to share.  I’m also happy to share the name of my lawyer, Richard D. Paugh, Esq. of Rockville, MD.  He is a helpful and not-at-all-scary lawyer who can help with all your legal needs.  I also feel strangely empowered to have an attorney’s business card in my wallet.  If at some point in life I need to shout out, “You’ll be hearing from my lawyer!” I know that I actually have one, but I digress…

So for starters, you and your honey cannot use one lawyer.  You each need your own lawyer to advise you throughout the process.  If down the road you actually need your prenup, and it is determined that one person signed the prenup without proper legal counsel, it can be deemed null and void.  Next, you need to make sure you and your honey can abide by the rules of your prenup.  For example, if in your prenup you state that you will keep certain assets separate, but then throughout the course of your marriage you combine them, then you’ve made your prenup useless.  You also need to make sure that you hash out the details and sign your prenup a few weeks before your wedding.  A prenup made at too late a date can be seen as one that was signed under duress, and should you ever need it, it could be hard to enforce.  Finally (and this is the most important), I learned that if you think you’re going to need your prenup, you should not get married.  A prenuptial agreement cannot save your finances or heart from a marriage mistake.  It should merely be seen as a safeguard against when pigs fly and not an insurance policy for when the $#!% hits the fan.

source: www.ocaladivorcehelp.com