The definition of “ironclad,” according to the Merriam-Webster dictionary, is “so firm or secure as to be unbreakable.” It follows that an “ironclad prenup” is one that is so strong it cannot be “broken” or thrown out by a court. So, how do you get yourself an ironclad (i.e., unbreakable) prenup? Well, for starters, there is no such thing as a truly ironclad (unbreakable) prenup. Even a prenup crafted by the best prenup attorney in the WORLD could theoretically be thrown out by a judge if there are certain state laws and circumstances that exist.
However, there are three steps to follow to get as close as you can to an ironclad prenup:
- State requirements: Make sure to follow the requirements of your state for a legally valid prenup,
- Financial disclosure: Provide full and fair financial disclosure between you and your future spouse and
- Fairness: Avoid including unfair and unreasonable terms in your prenup.
Keep reading to understand more about ironclad prenups and how to get one.
What makes a prenup “ironclad”? (And why you should care)
We get it; the idea of a divorce someday is far from romantic. But the reality is that even the happiest marriages sometimes end. An “ironclad” prenup is designed to make the process much less stressful if that ever happens. Here’s what that means:
- What is an Ironclad Prenup?: While no prenup is safe from being thrown out, you can create one that is as close as it can be to being ironclad.
- Follows the Rules: An ironclad prenup meets every legal requirement in your state. Tiny mistakes could get the whole thing tossed out by a judge!
Why Getting an “Ironclad” Prenup Matters:
- Protects What You Built: Whether it’s a small business or your first home, a strong prenup ensures your hard work benefits YOU.
- Avoids Costly Battles: The clearer the agreement, the less lawyers need to fight over it later (saving everyone money!)
- Peace of Mind: Knowing there’s a fair plan in place if the worst happens lets you focus on building a happy life together.
Step-by-step guide on how to get an ironclad prenup
Getting an ironclad prenup isn’t rocket science. In fact, it’s quite simple–you just need to follow the rules of your state on financial disclosure and other requirements (such as financial disclosure and fairness). Let’s dive in on how to get your ironclad prenup:
Step 1: Follow your state requirements
What do all ironclad prenups have in common? They all follow the state requirements for prenup validity. Think of it like building a house – you need a solid blueprint! Here are the key points:
- Rules Vary: What’s mandatory in California might be optional in New York. Don’t assume what worked for your friend in another state applies to you.
- Invalid = Worthless: A prenup with errors might be tossed out by a court, defeating the whole purpose. This isn’t a DIY situation!
- Common Requirements:
- Written: Oral prenups don’t hold up in court.
- Signed: Both of you MUST sign for it to be valid.
- Notarized: Highly recommended, even if not strictly required in your state.
- No Coercion: Prenup must be agreed to freely, without pressure.
- Other: Some states have unique rules not listed above (waiting periods, witnesses, etc.)
Bottom Line: Knowing your state’s laws is the first step to creating an ironclad prenup that will actually protect you.
Step 2: Why financial disclosure matters
Financial disclosure is the backbone of a strong prenup. Simply put, it’s laying out all your cards – assets, debts, income – for your future spouse to see. Here’s why this is so crucial:
- What it is: Financial disclosure is the sharing of assets, income, debt, and future inheritance values with your future spouse during the prenup process.
- No Surprises: Imagine signing a contract without knowing all the terms. That’s what happens if you or your partner hides assets or debts in the financial disclosure process.
- Fairness: Your prenup is about deciding what’s fair based on the FULL picture. Withholding financial info makes that impossible. For example, imagine your partner was a secret billionaire. Would you still be okay with waiving your right to potential alimony one day? Maybe, maybe not, but both parties deserve honesty.
- Protects the Prenup: If dishonest financial disclosure is discovered later, the entire prenup could be thrown out by a court, defeating its purpose.
- Example: Katie is hiding her law school debt. This means Tom agrees to potentially take on debt he didn’t know existed. That’s a recipe for resentment and legal trouble later.
Bottom Line: “Baring all” during your prenup’s financial disclosure process protects BOTH of you in the long run. A prenup without proper financial disclosure is at risk of being thrown out.
Step 3: Avoid unfair and unreasonable terms
A truly strong prenup isn’t just about following the rules, it’s about a deal BOTH of you can live with long-term. Here’s what that means:
- Avoid Extremes: While prenups don’t need to split everything 50/50, they shouldn’t leave one person destitute if the marriage ends. Courts look for basic fairness. For example, one person jetting off in their Lambo while the other takes the bus.
- Think Long-Term: What seems okay now might feel VERY unfair if circumstances change. Of course, no one has a crystal ball for what the future will hold, but if you have some ideas of how your future will pan out, try to accommodate for those potential future changes. For example, if you know that one day, one partner will (hopefully) become a stay-at-home parent, you will want to make sure they are protected in that way, even though they are not a SAHP now.
- Unconscionability: This is the legal term for a prenup that is so one-sided that the court will not enforce it. For example, think “Maserati vs. food stamps” level of imbalance.
- Protect Yourself: If the terms feel too harsh, don’t be afraid to push back. A prenup should make you BOTH feel secure, not exploited.
Bottom Line: A fair prenup builds trust in the relationship AND sets you up to have the most chances of an ironclad prenup in the event of a divorce. An unfair prenup is a recipe for future legal battles, costly legal fees, and stress.
The bottom line on ironclad prenups
While there’s no such thing as a truly ironclad prenup, that doesn’t mean you can’t create one that offers solid protection and your best chances at a prenup that holds up in court. Here’s how:
- Know the State Rules: Research your state’s prenup laws, or better yet, use HelloPrenup’s state-compliant platform to ensure you don’t miss any crucial details, such as California’s 7-day rule or Colorado’s unique prenup language requirement (Colo. Rev. Stat. § 14-2-309(3)).
- Financial Transparency is Key: Full financial disclosure builds trust and is required for a valid and enforceable prenup in nearly all states.
- Strive for Fairness: An agreement that is overly unfair is more likely to end up in court. Aim for a deal you BOTH can live with and has a reasonable level of fairness.
- It’s Not Just About YOU: Protecting yourself matters, but a prenup that leaves your spouse completely vulnerable and destitute will backfire on everyone.
Nicole Sheehey is the Head of Legal Content at HelloPrenup, and an Illinois licensed attorney. She has a wealth of knowledge and experience when it comes to prenuptial agreements. Nicole has Juris Doctor from John Marshall Law School. She has a deep understanding of the legal and financial implications of prenuptial agreements, and enjoys writing and collaborating with other attorneys on the nuances of the law. Nicole is passionate about helping couples locate the information they need when it comes to prenuptial agreements. You can reach Nicole here: Nicole@Helloprenup.com
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