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What Documents do I Need to Draft a Prenuptial Agreement?

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Prenuptial agreements have become increasingly popular over the last decade as one of the best ways to protect a person’s assets in the event of divorce. While a prenuptial agreement may be the last thing on a newly engaged person’s mind, those who are thinking about how to address their finances by entering into a prenuptial agreement, should speak with a Fort Lauderdale prenuptial and postnuptial agreement lawyer about what types of documentation will make the process of entering into this type of contract go as smoothly as possible.

Making a Full Financial Disclosure

Prenuptial agreements are only enforceable if they satisfy a series of conditions. These contracts will not be enforced, for instance, if a court determines that one of the parties didn’t execute the agreement voluntarily, the contract was the product of fraud or coercion, or the terms of the agreement were unconscionable because one party:

  • Wasn’t provided with a disclosure of the other party’s financial obligations and property;
  • Did not waive the right to those disclosures; and
  • Did not have knowledge of the other party’s financial holdings and obligations.

Even those who enter into their prenuptial agreements with the belief that they are doing so honestly and fairly could end up with a rescinded agreement if they fail to provide accurate documentation about their debts and assets at the time of the drafting.

What Documentation Should I Provide?

Couples who are attempting to enter into a prenuptial agreement before marriage should be sure to provide their attorney with a full financial disclosure of their assets, including:

  • A copy of all bank account statements;
  • A copy of investment account statements;
  • Business-related documentation, including an estimated value;
  • Titles and deeds to all real property;
  • Insurance policies;
  • Appraisals and tax bills for real estate;
  • Copies of all vehicle titles and registrations; and
  • A list of valuable personal property, such as jewelry, antiques, and collectibles.

A full financial disclosure will also require income-related documentation, including:

  • Personal and business tax returns;
  • A recent pay stub;
  • A recent retirement plan statement; and
  • Any financial statements recently provided to a bank.

Finally, couples should be sure to provide their attorneys with copies of records related to their debts and liabilities, including mortgage statements, proof of car loans, credit card statements, medical bills, and tax bills. It’s important to note that although the information on these documents will be seen by both parties and their attorneys and financial advisors, the documents themselves will not be attached to the prenuptial agreement, thereby maintaining the parties’ privacy to a certain degree.

Do You Have Questions About Creating a Prenuptial Agreement?

If you’d like to learn more about the kinds of documentation you’ll need to make a full financial disclosure when entering into a prenuptial agreement, contact Fort Lauderdale prenuptial and postnuptial agreement attorney Sandra Bonfiglio, P.A. A member of our dedicated legal team can be reached at our office by calling 954-945-7591 or by completing one of our online intake forms today.

 

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.079.html

https://www.sandrabonfiglio.com/documents-you-should-collect-to-prepare-for-divorce/

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