Before meeting with an attorney, you should prepare some basic information for the attorney. You will need biographical information such as your complete name, date of birth, social security number, drivers license number, addresses, employers, educational experience, business or professional experience, children¹s names, sex, date of birth, etc.; you will need the same information for your spouse.
You should prepare a summary list of the assets and liabilities for yourself and what you believe are the assets and liabilities for your spouse. You will need to provide information regarding 401k accounts, 403b accounts, IRA¹s pension plans, stock options, employee stock options, employee stock plans, annuities, life insurance and trusts.
You will need to identify for the attorney any inheritance or gifts that you have received in the past, and any that you expect to receive in the future. You should write out any questions in advance that may be particular to your case — such as questions about a special needs child from a former marriage, a particular business arrangement, family business, etc.
You should schedule an appointment with the attorney as soon as you have decided you are going to get married. This will give the attorney an opportunity to fully explore the particulars of your individual situation, draft an agreement that meets your specific needs, and forward it to a spouse so that your spouse may consult with an attorney of his or her choice, and then the attorney can make any mutually agreed revisions to the agreement.
I prefer to have the premarital agreement completely finalized and executed at least 30 days prior to the wedding. My experience has been that this substantially lessens stress upon the parties and the attorneys.
John K. Grubb practices family law in Houston. He has a BBA, MBA, and a JD Degree. John K. Grubb focuses a significant part of his family law practice on helping couples create premarital and prenuptial agreements in Texas.