Planning the "Prenup"

Where a prenup is clearly the planning tool of choice, the following approaches may help to smooth negotiations and ensure the establishment of a valid, legal instrument.

Start early. Try to get the couple comfortable with the concept. Avoid rushing the decision-making process. A last-minute agreement may not hold up in court — springing a prenup on an unprepared future spouse may be viewed as coercive and open the door to a successful legal challenge.

Retain separate legal counsel. Having his-and-her lawyers is mandatory in some states, and highly recommended in all of them. It is virtually impossible for a single lawyer to represent both parties with impartiality. If the court determines that either spouse lacked adequate counsel, the agreement is likely to be struck down.