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The prenup must be in writing. The prenup must be signed by both parties. The prenup must be notarized (this isn't true for all states, but it's always better to be safe than sorry) There must be some level of financial disclosure (some states allow waiver of financial disclosure, with stipulations)

Also, many people are unaware that, even if you or your spouse (or both) enter a marriage with no assets, future assets obtained during the marriage can be self-defined as well with a prenuptial agreement.

The agreement must be in writing. The agreement must be executed before the couple is married. The agreement must fully disclose each spouse's assets and possessions. The agreement must be notarized, or otherwise executed in front of a notary.

Couples in California Can Write Their Own Prenups Under the California Uniform Premarital Agreement Act, as long as the contract respects and fulfills the state's legal requirements, it will be viewed as a valid and legally binding agreement with or without input from a licensed attorney.

A prenuptial agreement in California can always be changed, as long as both spouses sign off on the modification. If something changes, such as your marital property or number of children, and you wish to update your prenup with the most recent information, you and your spouse must both agree to make the change.

Using a Trust as a Prenup Alternative There is, fortunately, an easier method to achieve the same aims without requiring signing a prenup. This is done through setting up a self-settled trust. This type of trust removes assets from your marital estate by removing them from your name altogether.