Good evening gentlemen,

I am seeking some personal advice from the experienced guys. I just turned 27 so still a bit young and uneducated. I am scheduling an appointment with an attorney next week. I heard several statements regarding prenups and sounds confusing to write up. Is it true both parties are required to be represented by 2 separate attorneys? We aren't engaged yet. What is everything I should include?

My girlfriend and I have a beautiful 7 month old son together. I built my house 2 years ago (everything in my name as it was before I met her). I have a truck, 2 cars, backhoe, quad, gun collection, tools, everything in the house I paid for such as appliances and furniture. She will be finishing up college the end of this year in nursing. She has some debt (school loans and car). She agrees to prenup by the way!

I know the law always has a hidden gotcha and was wondering if anyone has any words of wisdom to pass along.

Thanks for your time as it is greatly appreciated!


*Edit: I also have 401k and stocks. I also plan on making future purchases. How do I go about protecting them? Do I always have to amend this contract?

I don't think you can protect assets you acquire after you get married with a prenup.

Kinda late for a prenup....

No, OP isn't married yet. He's on the hook for his son, but that's a child support issue.

Thank you. I thought so. I don't see it as "on the hook" he's my son and the greatest thing of my life. I have no issues supporting him in any way I can. I don't see the whole prenup thing a negative subject. I only plan on doing all of this marriage thing once and she agrees. Stuff happens we're human. We just both agree we should have everything figured out on paper before a major life event.

Prenup is a smart idea but don't believe for a minute she's actually OK with it even if she says so. There will be some resentment at some point, time bomb if you don't though especially since she's got debt related to schooling, lots of people change their mind about who they want supporting them once schools out.

Nothing wrong with making it clear that if things go South you get to keep your toys and she keeps her debt, but you really do need to talk to a local attorney about it.
An honest one will probably tell you that at your age and situation as described it isn't worth paying his fees unless you're expecting to inherit a 6+ figure trust from grandpa.
Get a will done while you're at it.

What you describe in assets are no where near where a prenup agreement - with its dubious enforceability - makes any sense at all.

Most community property states exclude assets held premarital anyway.  Perhaps you should spend some time with an attorney understanding the marital property laws in your state ...

this.  op are you even sure a prenup would even apply in your State, as far as the terms "pre marital", and "community property" goes?

She's a nurse and you own a backhoe.  I think it would be she that would be angling for a prenup...