Tips for Drafting Prenups

I previously blogged about a high-profile ruling in Britain’s Supreme Court upholding Katrin Radmacher’s prenuptial agreement. Sharon Ser, head of the family law practice at Withers in Hong Kong, says that there has been a wave of people asking for prenuptial agreements since the decision. Ms. Ser offered some tips for drafting a prenup:

• Do not spring a prenup right before the wedding. Not only is that unromantic, it is also legally useless if the judge interprets the rush as one party being pressured into signing.
• Figure out what assets you’re trying to protect and who you’re protecting them for. Make sure to disclose all your property, or the court is likely to nullify the prenup.
• There must be no signs of duress, or the court will nullify the prenup.
• Nothing concerning children can be fixed in a prenup. You can agree to discuss these issues, but everything involving children is subject to change at the time of the divorce.
• Try to take a romantic approach when bringing it up. Start with, “My sweet, we need to get things sorted out. I want you to know now that you’ll be alright.”

Jason Chow, Who Says Prenups Aren’t Romantic, W.S.J., Nov. 1, 2010.

Special thanks to Jim Hillhouse (WealthCounsel) for bringing this to my attention.