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Rule #3: Provide your spouse-to-be with the complete details of your personal finances and ask for the same in return

Comprehensive financial disclosure is perhaps the most important prerequisite to a valid prenuptial agreement. This is because you and your spouse-to-be need to have a thorough understanding of one another's financial situation before you can negotiate the terms of your prenuptial agreement in fairness. For example, you probably would not agree to waive all spousal support claims if you knew that your soon-to-be spouse was a millionaire and not the starving artist he claimed to be. Or you would not agree to be jointly responsible for all debts incurred during the marriage if it turned out that your spouse had a secret gambling problem and had already accumulated tens of thousands of dollars in casino debts. The fact of the matter is that unless you and your spouse-to-be provide one another with thorough details of your personal finances, your prenup will not be enforceable.

You and your spouse-to-be should each disclose:

  • Your income
  • Your assets and liabilities
  • Any other pertinent financial information, such as an expected inheritance or a financially significant impending business deal

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