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Is A Prenup Confidential?

You are likely wondering whether a prenuptial agreement is truly just a document that only you and your future spouse know about or whether it is public record and therefore public knowledge.

The answer is - it depends.

For the most part, a prenuptial agreement is a legal contract created solely between you and your future spouse. If you two want and wish it to be "hush hush" it surely can. After all, it's no one else's business other than yours and your future spouse's. Point. Blank. Period.

Now, in what circumstances can a prenuptial agreement become public knowledge?

Recording The Prenuptial Agreement With County Recorder's Office

When there is real property (i.e. houses, rental properties, land, etc.) involved, an option that spouse's can take is recording the prenuptial agreement with the county recorder's officer, so that if and when the time comes to sell, buy, or transfer, it's clear which, if not both, spouse owns the property and has the authority to make decisions regarding it.

However, there are often ways to bypass this situation. For instance loan officers can simply require the other spouse to sign documentation stating they have no interest in the home, which the work around to needing to record the prenuptial agreement with the county recorder's office.

So ultimately, the decision to record the prenup is up to you and your spouse.

Going Through Court Proceedings

Now, if you ever find yourself in divorce proceedings or if your family finds themselves in probate court, your prenuptial agreement will likely need to be provided to the court for review. If in a divorce, the court generally won't require a copy of the prenup if the prenup is not being contested. If the prenup is being contested, then a copy will certainly need to be provided. If you end up in probate court and your trust administrator is being challenged on how to divide your assets; or if there are questions on how to carry out your will; or maybe you didn't have a will and the court needs to know what assets are or aren't yours, a copy of the prenup will need to be provided.

However, if you make it known to your attorney that you wish the prenuptial agreement to never become public record, there are avenues that an attorney can take to ensure that remains the case. The court would still have a copy of the prenup for review, however, it simply wouldn't become public record for the world to see.

Contact Us

At The Prenup Queen, we help you every step of the way. If you have any questions, feel free to book your free, 30 minute, consultation today.

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