Do prenups really get signed moments before the wedding, usually with the far wealthier partner pressuring the other to sign, or else the wedding won’t continue? Most folks have heard of a prenup, often through tv shows of movies, but what are the steps of actually getting one done?
Fortunately, in my experience, prenups typically get drafted, with both parties’ input and edits, and signed days to weeks before the wedding. In fact, if a prenup is signed too close to the wedding date, it has a greater likelihood of being thrown out in its entirety by a Judge in the future.
The steps to executing a prenup are also far less dramatic than typically portrayed on tv. First, we have a call with the client to discuss what important information a prenup contains, and precisely what a client should be thinking about including in their prenup, namely what property they would like to keep separate, and what property they would like to be considered marital, and subject to equitable distribution in the event of a separation or divorce. Next, we have an intake call with the client, where we take down the basics, such as the parties’ names, addresses, etc. We also ask questions about the client’s wishes, and what is important for us to include in the prenup for the client. After that, we draft the prenup, review every line of it with the client, and then send the prenup draft to the other side for their thoughts and edits. Once both parties have agreed upon all of the terms of the prenup, we schedule a time for both parties to come in, ensure that any required witnesses attend as well, and then execute the Prenuptial Agreement.
If you have any questions regarding prenups, please feel free to reach out to us.