"Should we write our own prenup?"Many couples ask this question after downloading a free form online, or where they pay a nominal amount for a legal "template" service online. The fact is: Legal templates for prenuptial agreements can be dangerous and expensive. It is far cheaper and smarter in the long run to have an attorney do this work for you. Attorneys have years of experience and will know what must be included and how to state it in your agreement unequivocally and correctly. There are many technical details that must be executed properly, such as:
- Both parties must make full financial disclosure.
- Both parties must sign the document within strict time requirements.
- The Prenup cannot have illegal material within it's contents.
- The Prenup in some cases MUST be drafted by an attorney in order to be valid.
If you incorrectly draft or sign a prenup from a "free" template, there is a high likelihood it will be considered invalid, and unenforceable in California at the time when you need it most. This means that it will have no legal effect, as the prenup will not be binding on the Parties involved. A "free" agreement may end up costing you hundreds of thousands if not done properly.