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- 1). Get on the computer and perform research long before the wedding date. If a prenuptial agreement is signed after wedding invitations are given out, then the document may be void. Research your state's laws by visiting your state's bar association website.
- 2). Decide whether to buy a template. Books and online templates are available for purchase to aid you with the prenuptial agreement in your state.
- 3). Sit down with your partner, make a list of each partner's assets and discuss the financial responsibilities of each partner. Come up with a clear idea of what each partner wants and reach a reasonable agreement. If the agreement is too complex or heavily favors one party, the document may be declared void in court.
- 4). Carefully and clearly write out the agreement. Use simple and plain language to avoid misunderstandings.
- 5). Get two witnesses to understand that the document is a mutual agreement and have them sign it in front of a notary. This will dispel any notion of coercion and support the document in a legal proceeding as a binding mutual agreement. The notary will put a time stamp on the document and give the document legal credibility.
- 6). Have each of the partners keep a copy of the premarital agreement in case of divorce or death. It is a good idea to give a sealed copy of the document to a trusted friend who can act as an executor of the agreement. In case of incapacitation or death, the executor can come forward to resolve any disputes.
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