A prenuptial agreement, ante-nuptial
agreement, or premarital agreement, commonly
abbreviated as prenup, is a contract entered
into prior to marriage, civil union, or any agreement prior to the main agreement by the people intending to marry or contract with each other. The content of a prenuptial agreement can vary widely, but commonly includes provisions for division of property and spousal support in the event of divorce or breakup of a marriage. They may also include terms for the forfeiture of assets as a result of divorce on the grounds of adultery; further conditions of guardianship may be included as well. It should not be confused with the historic marriage settlement.
How does our service work?
Once you purchase the service we will email you a questionnaire. This will help us complete your forms. We will draft your paperwork based on the information you give us. We will scan and email you the completed Pre-Nup for review, and once we receive your email approval we will schedule a time to meet so you guys can sign this agreement and we will notarize it for you, and close out your case.
What do we do once you email us the Agreement for review?
1. Each party should seek the advice of a separate lawyer before signing this Agreement.
2. Alert us of any necessary changes so we can update the form (We only make 1 set of changes, and anything after that will be a $50 fee each time after)
3. The Premarital Agreement should be signed prior to the wedding ceremony because the consideration (value) for entering into the agreement is the act of marriage itself.
4. The document should be signed by both parties in the presence of a notary public so that the agreement can be recorded in the public records, if necessary.
5. One signed copy of the Agreement should be retained in a secure place within the residence of the parties.
6. Each spouse should also keep a copy in a secure place outside of the home. For example, a copy could be given to each spouse's personal lawyer or placed in that spouse's personal safe deposit box.
What if I have legal questions?
Unfortunately, we are only a Legal Document service, and we can only assist you with the paperwork you would like drafted. If you need legal counsel you will have to seek an attorney.
What if we get married before the document is signed?
Then you will need a Post-nuptial Agreement. A post-nuptial agreement is a written agreement executed after a couple gets married, or have entered a civil union, to settle the couple's affairs and assets in the event of a separation or divorce. It is normally "notarized" or acknowledged and is usually the subject of the statute of frauds.
Reasons to Update
Change a provision prior to the marriage (it cannot be changed after marriage).
While "updating" the premarital agreement itself is not likely to occur (because it must happen prior to the marriage), provisions of the premarital agreement can be overridden by the terms of a will (or trust) if the overriding terms are more favorable to the person not making the changes.