Family Matters

PRENUPTIAL AGREEMENT SERIES (PART 4): What Should I Do After My Prenup is Signed?

A prenuptial agreement, or “prenup”, is a contract or agreement between prospective spouses made in contemplation and advance of marriage. Discussion of the various reasons that one requests a prenup, the terms included in a prenup, and the documents needed for a meeting with your attorney, have all been considered in the earlier parts of this series. Now that you have fully executed your prenuptial agreement, this fourth part of the series will address what actions you should take after signing your agreement.

1. Retain a Copy.

You and your attorney should each retain a hard copy of the fully executed prenuptial agreement. Take your document and store it in a fireproof safe or other protected place where you store important documents. Also have your attorney e-mail you a copy, or email yourself a copy, so that you also have an electronic record. If you need to reference this document in the future, you will be happy to have saved the prenup in multiple places. You do NOT want to lose this document and rely on your estranged spouse to provide a copy in the event of a divorce.

2. Meet with an Estate Attorney.

Prenups may be used as estate planning tools to address the division of property in the event of one party’s death. If your agreement contains such provisions that may affect an existing Last Will and Testament, then you will want to meet with your estate attorney. If you do not have a Will, then you may want to consider meeting with an estate attorney to have one drafted that reflects the terms of your prenup.

3. Review Periodically.

Throughout your marriage, you and your spouse will acquire both assets and liabilities. It is important to periodically review and remember the terms of your prenup so that you may consider how you want to purchase and title said assets or accrue debt. You will also want to be clear on your financial obligations, such as alimony or child support if those provisions exist in your agreement, so that you both can calibrate your roles in the marriage accordingly as you build your estate. If you have specific questions, you should contact your attorney.

4. Enjoy Your Wedding Day.

Your wedding day should be one of the best days of your life! Now that you have protected your finances with a prenuptial agreement, you should feel more comfortable moving forward in your new partnership. Enjoy your special day and the beginning of an exciting new chapter!

Prenuptial agreements can truly be customized and designed to fit each individual or couple’s needs. The attorneys at Obermayer are experienced in discussing and preparing these agreements, set up a consultation today to discuss the future of your family.

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.