Self-Done Prenuptial Agreements?

Question

My fiancee and I want to write out an agreement between us regarding our finances, property, and prerequisites to divorce. For example, we want a clause that requires us to go through x-number of hours of marital counseling before we can file for divorce. There's also a clause stating that in the event of a divorce, neither one of us is entitled to the other's retirement funds, etc. Can something like this be done by ourselves, and then just notarized or signed before witnesses or something? Or do we have to get this done by an actual lawyer? I'm not in the least bit interested on whether or not we Should get this done, or whether or not You would do this. I'm simply curious if we can do it ourselves or if we have to retain a lawyer. Thanks!

Answer 1

The validity of a pre-nuptial agreement depends on whether or not it complies with state law. There may even be states that won't honor them no matter what they say.

Now, let's say your state laws declare that a pre nup that decides child custody is invalid. Is that provision only invalid, or does that render it all invalid?

How many witnesses do you have to have? What disqualifies a witness to a pre nup?

Are there events that automatically invalidate a pre nup? Birth of a child? Death? Passage of time?

Get a lawyer.

Answer 2

Yes you can do it yourself. it does not need a lawyer anywher. You do not need witnesses or to notarize it unless your state requires it. You can contact a lawyer to ask...or the domestic relations court to ask what the rules are. You would just need to know what the rules are to make it valid.

The basics are that it must be in writting, must be signed by both and is not done under duress, and that neither party will be left impoverished. What you have so far sounds good.

Answer 3

You could do it if you like, it's pretty simple and you can go to findlaw.com and download it for free too. Good luck.