Prenuptial Agreement

Prenuptial Agreement: Create a Verified Prenup Online

A verified prenuptial agreement, often called a prenup, is an agreement made by a couple before they marry. It records which property each of them keeps as their own, how shared property will be divided and how financial matters will be dealt with if the marriage ends. Robot Lawyer drafts the agreement from your answers, with each person's financial disclosure in schedules, for the law of the country or state you choose. On the Verified plan, a legal professional checks it before you sign.

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What Is a Prenuptial Agreement?

A prenup is a mutual agreement that gives a couple certainty about their finances. It is often used where one or both have significant savings, property, a business, an expected inheritance or children from a previous relationship. It can also simply reflect a couple's shared view of what is fair.

The agreement takes effect on the marriage. If the marriage doesn't take place within 12 months of signing, the agreement lapses.

When Should You Consider a Prenup?

• Protecting property you already own
  A home, savings or investments owned before the marriage.
• Family wealth and inheritances
  Gifts or inheritances you have received or expect to receive.
• Business interests
  Shares in a company or a stake in a family business.
• Second marriages
  Protecting assets for children from a previous relationship.

Are Prenups Binding in Different Countries?

It depends on where you live. Almost everywhere, a prenup is most likely to be upheld if each person takes independent legal advice, both give full and frank financial disclosure, it is signed well before the wedding without pressure and it remains fair. Your agreement records these safeguards. A few examples:

• UK
  In England and Wales, a court isn't bound by a prenup, but will usually give effect to one entered into freely and with full understanding, unless it would be unfair or leave someone's reasonable needs unmet. In Scotland, a prenup is a binding contract that can be set aside only if it wasn't fair and reasonable when made.
• United States
  Prenups are generally enforceable if they meet the state's requirements. In New York, for example, the agreement must be in writing, signed and acknowledged by both parties.
• Ireland
  A prenup isn't automatically binding, as a court must make proper provision for both spouses, but it may take the agreement into account.
• Canada
  Marriage contracts are generally enforceable if made in writing with proper formalities, but a court can set one aside, for example for non-disclosure.
• Australia
  A binding financial agreement is enforceable only if each person receives independent legal advice and the formal requirements are met.

These notes are general, so take advice where you live before you sign.

What's Included in Your Prenup?

• Separate property
  The assets each of you keeps as your own, listed in a schedule.
• Shared property and the family home
  How property you build up together will be shared.
• Debts
  Who is responsible for which liabilities.
• Maintenance and children
  How maintenance is dealt with, and confirmation that arrangements for children are always decided in their best interests.
• Financial disclosure
  Each person's assets, liabilities and income, in schedules.
• Safeguards
  Independent legal advice, no pressure, and review if your circumstances change.
• Commencement and lapse
  The agreement takes effect on the marriage and lapses if the marriage doesn't take place within 12 months.

How It Works on Robot Lawyer

1. Answer the questions
   Tell us about yourselves, your assets and debts, and what you want to protect.
2. Generate your agreement
   We draft a complete prenuptial agreement with disclosure schedules.
3. Get it verified
   On the Verified plan, a qualified legal professional checks the agreement within 24 hours and makes amendments where needed. See how our documents are verified.
4. Take advice and sign
   Each of you takes independent legal advice, then you sign in the form your law requires, in good time before the wedding.

Prenuptial Agreement FAQs

When should we sign a prenup?

Well before the wedding, so that neither of you is under pressure. In England and Wales, for example, signing at least 28 days before is recommended, and some US states set a minimum period between receiving and signing the agreement.

Do we both need independent legal advice?

It is strongly recommended. Advice for each of you makes the agreement much more likely to be upheld. Your agreement records that you each received it.

Can a prenup cover arrangements for children?

No agreement can limit child support or the arrangements for children. These are always decided in the children's best interests.

Can we change a prenup after we marry?

Yes, by a new written agreement signed in the same way. If you are already married, see our Postnuptial Agreement.

Does a prenup apply to a civil partnership?

In many places, yes. In the UK, for example, the same approach applies to an agreement made before a civil partnership. Elsewhere, it depends on whether local law recognises civil partnerships or civil unions.

Create a Verified Prenuptial Agreement

Start your marriage with clarity about your finances. Related documents: Postnuptial Agreement, Cohabitation Agreement, Last Will and Testament and Declaration of Trust.