Please Don't Draft Your Own Prenup

Please Don’t Draft Your Own Prenup/Photo by Andrea Piacquadio from Pexels

If you are considering drafting your own prenup, please read this post.

First, Just Don’t Do It

Do NOT draft your own prenup. I know that YouTube is extremely useful for DIY. I have learned how to cut my own bangs, make Three Cup Chicken, and even change the thermocouple on my water heater.

But, things that doctors and lawyers should handle for you? Don’t.

Would you do your own nose job?

In the same manner, do not do your own prenup.

Second, Do Not Use a Template

Also do not use the internet to find a prenup template. No lawyer will sign off on a template, and neither should you.

Read Lawyers Don’t Sign Off on Templates.

Third, Review the Law

The law governing prenups in California can be found in California Family Code. California Family Code � 1615. Agreement not executed voluntarily; agreement unconscionable_. There are also many many cases interpreting this law.

What’s the Worst That Can Happen?

The worst thing that can happen if you decide to draft your own prenup is that the prenup may be thrown out. If your prenup is thrown out, it’s as if you never had one. The law would apply in the event of your divorce.

Interesting Prenup Clause

The most interesting clause I have seen in a self-drafted prenup (by a lawyer!) was this clause:

“H has expressed concern that in the event W terminates their relationship, that he will no longer enjoy the fruits of their relationship; i.e., companionship, support, someone to act as a hostess for social events, etc. ln order to address these concerns, W agrees she will, despite the termination of their relationship, agree to assist H in restoring him to the position that he once enjoyed during their relationship by helping H secure a romantic relationship with someone with equal or greater physical and spiritual beauty as W.”

In layman’s terms, this contract is suppose to bind W by forcing W to get H a replacement girlfriend equally as beautiful as W.

@lawyerkelly Replacement girlfriend #getagirlfriend #prenuptialagreement #attorney #contractlaw #lawyersoftiktok #familylaw #divorceattorney #JustAddBriskZero ♬ Bad Infomercial (Long) – Mashcroft