How to make a prenuptial agreement? 28 Answers as of August 18, 2011

Do I need an attorney or will just having her sign a paper saying she isn't entitled to my house or up to a certain amount of money be enough?

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Law Office of Karen A. Clark, L.L.C.
Law Office of Karen A. Clark, L.L.C. | Karen A. Clark
The best course would be to have an attorney draft your prenuptial agreement. In that way, you can be sure that the agreement complies with all legal requirements. Attorney input can also help you to overcome any later allegation of overreaching or malfeasance.
Answer Applies to: Washington
Replied: 8/18/2011
ROWE LAW FIRM
ROWE LAW FIRM | Jeffrey S. Wittenbrink
The form and content of your prenuptial agreement, and the law varies on the enforceability of these documents from state to state. If it is important enough to be correct, you should have an attorney write up your agreement.
Answer Applies to: Louisiana
Replied: 7/1/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
You will need an attorney to have a valid prenuptial agreement.
Answer Applies to: Washington
Replied: 7/1/2011
Law Office of Daniel B. Rubanowitz, APC
Law Office of Daniel B. Rubanowitz, APC | Daniel B. Rubanowitz
Premarital/Prenuptial Agreements are very complicated to draft and are very difficult to enforce even if both parties signing the Agreement are represented by their own attorney. I strongly encourage you to speak with an attorney if you want a chance to have a valid Agreement. Good luck.
Answer Applies to: California
Replied: 7/1/2011
Fredric H. Aaron, Attorney at Law, P.C.
Fredric H. Aaron, Attorney at Law, P.C. | Fredric Harlan Aaron
Prenuptial agreements are very complicated. If you draft one yourself, you run the risk that it will not stand up in court in the event of a divorce. You should contact an experienced matrimonial attorney to assist you in this matter. The money you spend now will more than make up for the uncertainty and expense if you go through a divorce down the road.
Answer Applies to: New York
Replied: 6/30/2011
    Meriwether & Tharp LLC
    Meriwether & Tharp LLC | Patrick Meriwether
    Pre-nuptial agreements have particular requirements. If those requirements are not met, the agreement is unenforceable. If there is something of value you are trying to protect, you should consult with an attorney.
    Answer Applies to: Georgia
    Replied: 6/30/2011
    The English Law Firm
    The English Law Firm | Robert English
    Prenups can be very complicated. In order to make it effective, you should consult an attorney.
    Answer Applies to: California
    Replied: 6/30/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You may find the following link useful: http://www.jud.ct.gov/lawlib/Notebooks/Pathfinders/AntenuptialAgreements/Ant enuptial.pdf
    Answer Applies to: Connecticut
    Replied: 6/30/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Subject to the specific state law that will apply, the most important concern in preparing a marital agreement (before or after the marriage) is whether both parties entered into the agreement fully informed and voluntarily made the decisions reflected in the document. If not, the agreement will probably not be enforceable in the future. Even if the agreement is made with complete information and voluntarily, however, there are certain things that may not be enforceable as a matter of public policy. The only way to obtain the best insurance that any agreement will hold up later in court is for BOTH parties to have the assistance of a qualified attorney. "doing it yourself" is not much more reliable than buying a lottery ticket.
    Answer Applies to: Colorado
    Replied: 6/30/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    That will not be enough. Hire an attorney to prepare a pre-nuptial agreement for you which includes complete financial disclosure on both sides before getting married or it will likely be unenforceable when you need it the most. Good luck.
    Answer Applies to: New York
    Replied: 6/30/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    The chances of your homemade prenuptial agreement being enforceable are very low.
    Answer Applies to: Washington
    Replied: 6/29/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    You can do it yourself, but pre-nuptual agreements are tricky. Texas Law allows them, but does not like them since it basically overrules Texas Community Property Rules. I would highly suggest a lawyer skilled in divorce law.
    Answer Applies to: Texas
    Replied: 6/29/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    There are very specific requirements that have to be met in order for a prenuptial agreement to be enforceable, and there is very specific language that needs to be included. You should consult with an attorney if you want to ensure that it will be enforceable. My office offers free initial telephone consultations if you would like to discuss this matter in more detail, as well as explore the potential rights and options available.
    Answer Applies to: Florida
    Replied: 6/29/2011
    The Coyle Law Office
    The Coyle Law Office | T. Andrew Coyle
    If the paper you have your fiance sign covers all of the necessary scenarios and meets all legal requirements, it would be valid. Its probably a good idea to have an attorney at least look everything over though; if any required provisions are missing, it is quite possible that the prenup would have no legal effect.
    Answer Applies to: Illinois
    Replied: 6/29/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    My feeling is that you should at least spend some time with an attorney going over the details of your situation. In Washington State (where I'm at), the courts do not like pre-nups all that much. As a result, there are a number of technical requirements that have to be met. If you don't meet those requirements, the court can declare your pre-nup invalid.
    Answer Applies to: Washington
    Replied: 6/29/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Under Minnesota law, a prenuptial agreement must follow strict guidelines to be valid and enforceable. A signed piece of paper would not be enforceable.
    Answer Applies to: Minnesota
    Replied: 6/29/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    If you want the prenuptial to be valid get a lawyer.
    Answer Applies to: Florida
    Replied: 6/29/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    While it is possible for two people to do it themselves, it is advisable to use an attorney.
    Answer Applies to: Connecticut
    Replied: 6/29/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    If she is not represented by an attorney in the negotiation of the prenuptial agreement there is a much greater likelihood that the court would throw out the agreement as being signed under duress or without full understanding of its implications.
    Answer Applies to: Washington
    Replied: 6/29/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    By all means, have an experienced Family Law Attorney prepare your Prenuptual Agreement. You do not have the education, training or experience to enable you to draft an enforceable Prenuptial Agreement. There are specific requirements that need to be complied with in preparing and presenting a Prenuptial Agreements. An ounce of prevention is worth a pound of cure. Do it right.
    Answer Applies to: California
    Replied: 6/29/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    You get what you pay for. If you want a solid premarital agreement, then it's best to hire an experienced family law lawyer.
    Answer Applies to: California
    Replied: 6/29/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    If you really want to screw yourself and lose your house, write it yourself. If you want it done correctly, and forms do NOT work, spend a few hundred dollars on a lawyer.
    Answer Applies to: Georgia
    Replied: 6/29/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    The requirements for a valid prenuptial agreement in Massachusetts are very strict. You should definitely have an attorney draft this for you. Otherwise, you run the substantial risk of ending up with nothing more than a piece of paper.
    Answer Applies to: Massachusetts
    Replied: 6/29/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    You should have an attorney draw up something. The rules are different for divorce and for death. Some prenuptial in Florida require full disclosure and a chance to have it reviewed by a lawyer. While your document may work, it may have problems and without reviewing it and your circumstances it is not possible to let you know an answer to your question.
    Answer Applies to: Florida
    Replied: 6/29/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    An antenuptual agreement requires two attorneys and enough time to properly negotiate the contract. It is highly technical. Please consult with a local domestic relations counsel.
    Answer Applies to: Ohio
    Replied: 6/29/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    I would get an attorney to draft that and make sure it is legal with up to date case law.
    Answer Applies to: Utah
    Replied: 6/29/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    You need to have a lawyer draw up the document in accordance with the laws of your state. A paper signed by your fiancee would most likely not be binding. Have a consultation with a lawyer and make sure it is done properly; some things cannot be fixed on the back end if they are not done properly at first.
    Answer Applies to: Georgia
    Replied: 6/29/2011
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