How to Make a Prenuptial Agreement Legal

By Mike Broemmel
Preparing a prenuptial agreement.

No one accurately can predict the future. Covering your legal bases on all fronts is a wise course of action to take. This includes making a prenuptial agreement in advance of getting married to protect your assets, rights and interests. There are certain elements that are included in a prenuptial agreement to ensure that the contract is legally binding.

Disclose all assets to your future spouse. The failure to dispose assets properly will result in the defeat of a prenuptial agreement at a future date if it is challenged.

Obtain information from your spouse about all of his assets.

Put into writing the provisions of your mutual prenuptial agreement. Absent a written contract, a prenuptial agreement does not exist legally.

Consider utilizing a standard form prenuptial agreement that complies with the laws of your state (rather than attempting to draft an agreement on your own). There are different laws in each state governing prenuptial agreements. These forms can be found at most office supply stores.

Sign the completed written agreement in front of a notary public. Your intended should sign the agreement at the same time and in front of the same notary. If the agreement is not notarized, it will not be enforceable.

About the Author

Mike Broemmel began writing in 1982. He is an author/lecturer with two novels on the market internationally, "The Shadow Cast" and "The Miller Moth." Broemmel served on the staff of the White House Office of Media Relations. He holds a Bachelor of Arts in journalism and political science from Benedictine College and a Juris Doctorate from Washburn University. He also attended Brunel University, London.