Dear Attorneys,
I am getting a Pre-Nuptial Agreement drafted and my current attorney is asking for so much information! I have to compile bank statements, provide paystubs, and fill out a financial affidavit. This seems like an awful lot of work, is this all really necessary?
Sincerely,
Financially Frustrated
Dear Frustrated,
It may seem like a lot of work now, but you will be happy you did it in the future. If for any reason you end up going through a divorce, your Pre-Nuptial Agreement may come into question. Without the proper supporting documents to back it up, a judge could rule that your Pre-Nup is invalid. Therefore, attorneys almost always ask for supporting documentation (and generally attach such to the actual Pre-Nup) so that you have proof that both you and your soon-to-be spouse had a full understanding of the other’s financial situation.
Our office has drafted numerous Pre-Nuptial Agreements, and we always have our clients fill out a financial affidavit and exchange financial documents (also known as discovery or production) since it is the best way to protect your assets.
Very Truly Yours,
Wolf & Shore Law Group