When drafting a Prenup, as part of the prenup-making process, you and your future spouse need to share your financial information with each other. This process is known as financial disclosure. This means you both need to disclose EVERYTHING, not just some of it. Assets, debt, and future inheritances. If you leave anything out of your financial disclosures, you put your Prenup at risk of being thrown out.
Every state has its own rules on financial disclosure requirements. For example, in some states, you need full and fair financial disclosure (meaning everything needs to be explicit); other states may say adequate knowledge of finances is enough. Even some states will allow you to waive your right to receive financial disclosure from your spouse. But the bottom line is that every state requires some level of financial disclosure.
How can you prepare for this? Financial disclosure is simply telling your spouse how much you have, and document exchange is showing your spouse your finances with statements and other financial documents. The best way to prepare for financial disclosure for yourself is to gather all of your financial information and supporting financial documents. Here are some of the things you may need to gather prior to getting a Prenup:
- Income (tax returns, pay stubs)
- Debt (mortgage statements, car loans, medical debt bills, student loan statements, etc.)
- Accounts (bank account statements, retirement plan statements, investment account statements, etc.)
- Assets (business tax returns, vehicle titles, and registrations, Kelly blue book values, titles and deeds to real estate, appraisals of personal property like jewelry, etc.)
- Future inheritances (this one may be more difficult to produce, but you could include the trust or will information if you have access to it)
Once you and your spouse have exchanged financial disclosures, the Prenup is ready to be drafted.
Before deciding whether to implement a Prenuptial Agreement, I urge you to speak with your partner to determine if the agreement would be right for both of you. After you reach a decision, it is imperative that you contact a lawyer with experience in prenuptial agreements. The Law Office of Rebecca M. Medina will work closely with you to understand your circumstances, to explain your options, and to collect and examine essential information to ensure that a prenuptial agreement is reflective of both parties’ wishes. My team and I will guide you through the process and work to help you achieve your objectives.
Considering a Prenuptial Agreement? Let’s discuss your case. To schedule a consultation with the Law Office of Rebecca Medina today, call 559-324-5427 in Fresno or 858-285-4315 in San Diego, or visit us online at https://rmfamilylaw.com/prenuptial-agreements/.
