No one accurately can predict the future. Covering your legal bases on all fronts is a wise course of action to take. This includes making a prenuptial agreement in advance of getting married to protect your assets, rights and interests. There are certain elements that are included in a prenuptial agreement to ensure that the contract is legally binding.
Step One
Disclose all assets to your future spouse. The failure to dispose assets properly will result in the defeat of a prenuptial agreement at a future date if it is challenged.
Step Two
Obtain information from your spouse about all of his assets.
Step Three
Put into writing the provisions of your mutual prenuptial agreement. Absent a written contract, a prenuptial agreement does not exist legally.
Step Four
Sign the completed written agreement in front of a notary public. Your intended should sign the agreement at the same time and in front of the same notary. If the agreement is not notarized, it will not be enforceable.