The use of prenuptial agreements is becoming more frequent, especially in the case of second marriages where there are children from the first marriages. Here are three simple things to remember when considering a prenuptial agreement:

  • Start the process well before the planned wedding. Leaving the prenup to the last minute is sure to make the wedding a much less happy occasion.
  • Disclose all assets that each party has. The failure to make a full disclosure is the basis most often used for attacking prenuptial agreements.
  • If one or both parties are giving up rights in qualified retirement plans, the prenuptial agreement should bind the parties to waive their rights and to file the necessary papers with the plans after the parties are married. A waiver of pension benefits is valid only if it is made or confirmed after the wedding.