Prenup Agreement Forms - For Each State

Why a prenup agreement?

This is because a prenuptual agreement is a very important agreement in a divorce. It is one that covers provisions for property division and spousal support in the event a marriage breaks up. Content of a prenuptual agreement may vary but a good prenup agreement will ensure that you cover all the basic provisions.

In the United States, prenutial agreements are upheld by the courts in all the states.

For the prenuptual agreement to be valid, the following elements the prenup agreement should cover the following:

1. prenup agreement must be in writing
2. full and/or fair disclosure at the time of execution
3. prenup agreement must be carried out voluntarily
4. it should be conscionable

Absence of any of these in the prenup agreement, may cause the prenuptual agreement to being challenged in court.

A prenup agreement must be signed by the two parties in a similar way as that required for a deed to be done before a notary public.

The prenup agreement should reflect the fact that prenuptial agreements are not allowed to regulate issues relating to the children such as custody..

Regarding the financial aspects, prenuptual agreements are routinely upheld by courts in all states although the court may hold that when the parties executed their prenuptual agreement, certain things were not foreseeable. So a good prenup agreement should cover these aspects sufficientlyand wherever possible provide for unforeseeable circumstances as well.

In states like California, it is higly important to get a prenup agreement correct. Here the prenuptual agreement is very powerful. A couple can waive their rights to share property (community property). It can even limit spousal support.

Quite unlike other contracts, in the case of a prenuptual agreement,consideration is not required.

A sunset provision may be added into a prenup agreement, specifying that after a certain amount of time, the agreement will expire unless the parties renew the agreement. In Maine for example, there is a provision for such clauses, such as the birth of a child.

You should remember that there are two types of state laws that govern divorce - equitable distribution and community property, which has some variation in different states. What applies in a state practising community property may not apply in one that practices equitable distribution. The prenup agreement used therefore be the right one.

You should choose your state in any prenuptual agreement. The parties can choose to have the law of the state they are married in to govern both the interpretation of the agreement and how property is divided at the time of divorce. The prenup agreement used should be for the state that you have selected.

Prenuptual Agreements often take months to draftso they should not be left until the last minute. They are often costly to do as attorney fees can be very high. A prenup agreement that is properly done by qualified and experienced attorneys specific to the State whose law you intend to apply to, is most important. Use of a prenup agreement that are poorly or inaccurately drafted may result in future problems in the event of a divorce.

Prenup Agreement Sample