Our financial advisor has advised us to have a prenuptial aggrement because of my fiance's two children from a previous marriage and our upcoming buying of a business. Does anyone know if putting one together on your own with software is legal and binding?
2007-03-05 05:41:46 · 6 answers · asked by megokane 3 in Politics & Government ➔ Law & Ethics
Yes, as long as both of you are present when the notary signs and stamps it. Both being present is required to make sure than both are in agreement with what is in the prenup.
But, having a lawyer that mainly deals in contracts should go over it. They can word the document in a way that can't be challenge at a later date. Most people who do their own doesn't word it right. If a divorce comes around and you end up in court, your prenup may have a lot of loopholes that the lawyers can find. Simple wording can be your down fall.
Five elements are required for a valid prenup in all states:
agreement must be in writing (oral prenups are always prohibited)
must be executed voluntarily
full disclosure and/or fair at the time of execution
the agreement can’t be unconscionable
it must be executed by both parties (not their attorneys) "in the manner required for a deed to be recorded", known as an acknowledgment, before a notary public.
Remember, a Notary must sign it. A prenup is different than other contracts. Simply writing things down on a piece of paper and signing it will not hold up in court like most other contracts would.
2007-03-05 06:42:00 · answer #1 · answered by cajun24 5 · 0⤊ 0⤋
Lawyers love the do-it-yourself software. Often, people using it create such a mess that they spend sometimes hundreds of times what they paid for the software to have an attorney resolve the mess.
The morale of this is that you should pay an attorney to do the job correctly in the first place. The attorney can't represent both you and your fiancee. However, its still worth it to have an attorney draw up the agreement, and then have your fiancee review it with a seperate attorney, to proect everyone's interests.
For a referral, contact your local or state bar association.
2007-03-05 06:48:04 · answer #2 · answered by Phil R 5 · 0⤊ 0⤋
You should put the agreement together, and have both of you sign it in the presence of a notary. This will make it legal and binding, assuming the basic rules of making a contract were followed. (Those rules would probably automatically be followed in the case of a pre-nup--they are things like consideration--each side has to get something, that the contract doesn't break other laws, etc.) If you don't understand any part of the contract, you should go over it with a lawyer.
2007-03-05 05:48:10 · answer #3 · answered by wayfaroutthere 7 · 1⤊ 0⤋
It's possible you could have a binding prenup, if you have it notarized, etc., but I strongly recommend that you consult with an attorney. I know it will cost more money than software, but it's for your future and to protect both of your interests, so it's worth it.
2007-03-05 05:50:16 · answer #4 · answered by Anonymous · 0⤊ 0⤋
there are issues of state law that can impact the execution of any agreement. You love each other now, but look out if it gets ugly. You should use separate attorneys who have qualifications in this area if you can afford it.
2007-03-05 05:52:08 · answer #5 · answered by David B 6 · 0⤊ 0⤋
Yes! If you wrote a prenup on the back of a napkin it would be fine as long as you are both of legal age and you aren't intending to supersede any laws such as cut your wife completely out of the will. (In many states that's illegal.)
2007-03-05 05:49:41 · answer #6 · answered by Shonuff 1 · 0⤊ 2⤋