Can You Write Your Own Prenup and Have it Notarized?

With nearly half of all marriages ending in divorce, a prenup, although a prospect surrounded by daunting thoughts and concepts can be a vitally important tool. Read on to learn more about how a prenup does not always require a high-priced lawyer (or does it?) And is it possible to do it yourself and still have a legally binding prenup?

With nearly half of all marriages ending in divorce, a prenup, although a prospect surrounded by daunting thoughts and concepts can be a vitally important tool. Read on to learn more about how a prenup does not always require a high-priced lawyer (or does it?) And is it possible to do it yourself and still have a legally binding prenup?

Prenup Methods

The time honored way is to get an attorney specializing in family law to draw up the prenup for you. But at an average cost of $2,500, it is not always affordable and more complex prenup agreements can escalate costs into five figure territory.

Online prenups consist primarily of templates that are mass produced and lack what one can consider to be customization.

You can of course utilize both of these by starting with a template, adding touches to it of your own choice and then getting an attorney to go over it and ensure it is legal and enforceable.

Writing a Prenup For Yourself

Anyone can write a prenup but it doesn’t mean you should. It is a highly skilled job and easy to fall foul, intentionally, or otherwise of not meeting the statutes for legality and enforceability in the state where you live. Also, in some states, California is one, it is mandatory to have some form of legal representation.

What Makes An Enforceable and Valid Prenup?

Although rules can differ from state to state, let’s look at the essentials that the majority of prenup agreements include:

• The agreement must be signed in writing and signed by all people concerned with some states also adding on the mandatory signature of witnesses to protect both parties and ensure that the prenup was freely entered into by all and not by coercion or other underhanded means
• In some states notarization is required. Although not mandatory in some states, getting the prenup notarized is highly recommended. A notary public confirms both parties are of sound mind and entering into the agreement freely. It is an ideal additional protection for everyone.
• There must be a degree of financial disclosure from both parties
• The prenup cannot contain unconscionable or unlawful terminology

Considerations of What to Include in a Prenup

1. Identifying the property that should be uniquely yours (i.e., separate property)
2. Choosing which property should be joint property (also referred to as marital or community property, which is property that will be divided upon divorce)
3. How to handle debt (both debt accumulated before and during a marriage)
   Financial commitments made during the marriage, including how you will file taxes and whether you will keep a joint bank account
4. Clauses pertaining to lump sum payments (i.e., money given by one spouse to the other, distinct from alimony)
5. In certain states, alimony is referred to as maintenance or spousal support.
6. After the marriage ends, who will live in the marital home (will someone have to leave the house within a specific time frame?)
7. The disposition of embryo’s
8. Pet Ownership
9. Confidentiality agreements including use of social media
10. Life insurance
11. Health coverage
12. Adultery