How to Handle a Prenuptial Agreement

Whether this surprise comes out of the blue or not, be careful: This kind of agreement can take rights away from you that are otherwise guaranteed by law. By signing a prenuptial agreement, you are saying it's all right to have issues of property and money settled under the terms of that agreement, instead of the normal legal rules. For example, a prenuptial agreement may...

Provide on spouse with less support in a divorce than the state law might allow

Divide property less equitably

Leave the widow or widower with a smaller share of the deceased spouse's estate than state laws would.
This rushed scenario is not an uncommon one. One party (almost always the one with more assets) asks the spouse-to-be to sign a prenuptial agreement shortly before the day of the wedding. What should you do?

Don't sign an agreement that you don't understand or that seems unfair.

Postpone the marriage, if need be, for a few weeks until you can have a lawyer look at the contract and explain it to you.

Don't count on the courts to find that the agreement was signed under duress. While a prenuptial agreement made at the last minute could be found invalid, courts will look at the entire set of circumstances surrounding the agreement and may not find the case in your favor.Do It Yourself Agreements

Couples draw up a prenuptial for several reasons, but usually to protect their individual money, property, or other financial assets. Those who marry a second time (or more) will often prepare a prenuptial agreement so that they can be sure that certain assets are passed on to their children and grandchildren from a previous marriage and do not become the property of the most recent spouse.

You can create your own prenuptial agreement using a kit, a book, or software. However, each party should hire his or her own lawyer (using the same one might lead to a conflict of interest) to review the agreement before it is signed.