How long is the prenup?
HelloPrenup prenups range in length from 23 pages - 35 pages, depending on a variety of factors, including the clauses you choose, your financial schedules, and state requirements.
How comprehensive is a HelloPrenup prenuptial agreement?
A HelloPrenup prenup is not visibly different from a "manually drafted" prenuptial agreement that has been created by a lawyer. Each section of a HelloPrenup draft is clearly labeled and formatted to address each Party's concerns while utilizing clear and comprehensive language.
If you would like to further customize your prenuptial agreement beyond what HelloPrenup offers, or have specific questions related to your individual situation, please seek the advice of a licensed attorney in your state.
What is included in a HelloPrenup contract?
Background Information
Also known as the “Recitals” section of a contract, this section is usually referred to as the “Recitals” or “Preamble” section of a prenup, and is meant to outline basic information about the parties, and their intentions for this agreement.
Property Definition and Classifications
Defining property will delineate what property should remain as just yours, “Separate Property,” and what property you would like to become “Marital Property.”
By use of a prenuptial agreement, you can specify what property you would like to remain separate, even though under state law it may otherwise be considered marital. Property typically refers to bank accounts, investment accounts, trusts, retirement accounts, and intellectual property, among other things, like physical property and real estate.
Financial Obligations during the Marriage
This section will address any financial obligations you agreed to participate in throughout the course of your marriage, such as joint bank accounts and/or income distributions.
Financial Obligations upon Divorce
This section will address the division of Separate Property and Marital Property in the event of a divorce or dissolution.
Termination of the Marriage by Death
This section will state how you would like Separate Property and Marital Property to be treated in the event of death by either spouse.
Spousal Support / Alimony
A Prenuptial Agreement allows you and your future spouse to decide whether you would like state law to determine if financial support is awarded from one spouse to another after a divorce, OR if you and your future spouse would like to forfeit your rights to spousal support in the future.
In certain states like California, the party waiving their rights to an attorney must have an attorney at the time the Prenuptial Agreement is signed in order for a spousal support waiver or modification to be enforceable. So, if you are creating a prenup in California, and you or your spouse want to waive or modify future spousal support, make sure to obtain legal counsel prior to the execution of your agreement.
Gifts and Inheritance
An inheritance is property (which can be physical property or money) left to you upon the passing of a family member, your parents, or someone who has passed. A gift typically refers to any property or money that is given to you or your future spouse during the course of your marriage.
Your prenuptial agreement will address how you would like gifts and inheritances to be handled throughout the course of your marriage.
Debts / Liabilities
The Debts and Liabilities section of your Prenuptial Agreement is designed to memorialize how you and your future spouse will handle debt. This includes debt incurred prior to marriage or debt incurred during the marriage.
Custom Clauses: Confidentiality, Non-Compete, Social Image Protection, Infidelity Clause, Alternative Dispute Resolution, Pet Ownership, Health Insurance
Waiver of Legal Advice OR Statement of Legal Counsel
Whether you choose to waive legal counsel or hire an attorney before signing, this section is very important. This section in the prenup will provide statements for you and your future spouse detailing your individual choices to obtain or waive legal advice on this contract.
Corresponding spots for required signatures agreeing to the terms of the agreement alongside dates are included here.
Memorandum of Further Financial Disclosures
Financial disclosure within a prenuptial agreement is very important. The memorandum of further financial disclosures states that you and your future spouse have made full, fair, and reasonable disclosures of your assets prior to signing your agreement.
Notarization Instructions
As a prenup is a legal contract, notarization is very important. This section of your prenup will allow space for a notary to sign and seal that they have confirmed each Party's identity prior to signing.
Note: Each state has different notarization requirements. Ensure you hire a notary certified to notarize in your state. Read more about prenup notarization.
Financial Schedules
When it comes to a prenuptial agreement, both spouses must disclose all of their assets. This is done in the form of a “financial schedule,” which is a snapshot of all of your income, assets, debt, and future inheritance. This comprehensive list is attached to the end of your agreement.
OPTIONAL: Financial Documentation
You and your spouse may choose to attach financial documentation that contains proof of the financials listed in your financial schedules. This may include account balances, valuation reports, credit card statements, etc.
This financial documentation should be attached to the end of your agreement. Read more about financial disclosure.
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