The first step in the process of getting a premarital agreement is for
the spouses-to-be to discuss and reach a consensus on the purpose of the
agreement and the general terms that each finds important. Then, it is
a good idea for each to start a list of what assets and debts each owns
with approximate values. Usually one party takes the lead on hiring an
attorney to begin the first draft of the agreement. The other spouse should
secure a different lawyer to get independent advice on the terms of the
agreement. Once the initial draft is prepared, the parties and their lawyers
will review and suggest changes until each party is satisfied with the
form of the agreement. The next step is to sign the agreement. Because
the main path to voiding a premarital agreement is to show the agreement
was not entered into voluntarily, some lawyers prefer to videotape the
parties voluntarily signing the agreement. This documents each person’s
mood and frame of mind at the time of signing. After the agreement is
signed, each party and respective attorney will receive an original copy
of the agreement to hold for future purposes.
