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.
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Can we change the prenup later?