3A prenuptial agreement is a contract between two people about to get married. It outlines how the assets should be distributed in the event of a divorce between the couple or unlikely death of either one of the parties. These agreements are usually put into place specifically to protect both parties' assets, business and inheritance and also to make provisions for protecting their family members exclusive of their spouse. The following steps show the proper legal procedures on how to use a prenuptial agreement.
- Ensure that the prenuptial agreement between you and your prospective spouse:
*Provides substantial protection of property and asset rights for both you and your prospective spouse 
*Provides schedules specifically outlining all property and assets being brought into the marriage by each party 
*Allows each prospective party (you and your future spouse) to reserve and retain ownership and control of each other's respective property and assets during the course of the marriage, as well as after termination of the marriage
*Allows the respective parties to retain ownership and control over any income or profit obtained from the separate properties and/or assets that may increase during the course of the marriage
*Covers all debts and liabilities that are brought into the marriage by either you or your prospective spouse
*Has a provision in the event a spouse dies
*Is properly drawn and executed by having your respective attorneys present to sign and witness your entering into a contract
By so doing these provisions prevent any presumption that property or assets owned by either you or your prospective spouse has become marital property during the marriage. Basically, the prenuptial agreement should be one that cannot be contested. The agreement goes into effect once you are married.Present your prenuptial agreement at the divorce proceedings or any other legal proceedings concerning the end of a marriage due to death, such as the reading of a will, to protect your assets . However, it is important to note that the prenuptial agreement may be contested in court. 
The validity of a prenuptial agreement varies from state to state. In general, the closer to the wedding date the prenuptial was signed, the greater the danger that it will not be upheld. If one side was represented by a lawyer and the other was not, or if both sides were represented by the same lawyer, either party can argue that they did not understand what was signed, and the prenuptial agreement may not be valid. If the parties failed to disclose their assets, the prenuptial can be attacked on that basis. The greater the number of these factors in one case, the greater the chances a court may not uphold it.Know that a court may ignore provisions concerning custody and child support in favor of the standards of what is in the best interest of the child. A judge may conduct a trial on the issue or may read sworn statements concerning the agreement. Decisions are based on which side the judge believes, as well as a consideration of the law. It is very important to have a legally binding prenuptial agreement that cannot be contested. Investing in an attorney to draft one for you and your prospective spouse is the best way to go.
