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Prenuptial Agreement Full and Fair Disclosure of Assets

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Financial Statement Disclosure Information

This financial statement disclosure is for use in connection with a premarital agreement and should be completed accurately and completely. This statement should contain a full disclosure of all your assets and liabilities. You should initial each page and sign the last page. Your prospective spouse should also sign the last page acknowledging receipt.

Both persons must complete a separate financial statement and provide it to the other party. Two forms are enclosed, one for each party.

This form can be completed in Word or printed and completed by hand.

If you require additional space, please attach additional pages for the sections you need to expand.

PERSONAL FINANCIAL DISCLOSURE STATEMENT

To: Date:

Individual Information

Name:

Address:

City: State: Zip:

Occupation:

Phone:

Current Assets / Current Liabilities

Cash on Hand or in Banks

Other Cash:

Real Estate (other than residence Schedule A)

Residence

Motor Vehicles (Schedule B)

US Government Securities (Schedule C)

Non-Marketable Securities (Schedule D)

Stocks (Schedule E)

Other Personal Property

Life Insurance Cash Value

Business IRA

Notes Receivable

Other Assets:

Personal IRA

Antiques

Partnership Assets

Total Assets

Notes Payable (Secured) (Schedule F)

Notes Payable (Unsecured) (Schedule G)

Real Estate Mortgages Payable (Schedule H)

Auto Loans (Schedule I)

Unpaid Taxes and Interest

Due to Brokers

Open Accounts

Credit Cards (List):

Visa

Business IRA

Other:

Residential Mortgage

Total Liabilities

TOTAL OF ALL ASSETS

LESS TOTAL OF ALL LIABILITIES

NET WORTH

Individual Income Information (Annual)

Salary

Bonus

Commissions

Dividends

Rental Income

Other Income (List):

Total Income

Contingent Liabilities

Guarantor, Co-maker

Lease or Contracts

Legal Claims

Other:

SCHEDULE “A” REAL ESTATE

Description of Real Estate Cost Market Value Date Acquired

SCHEDULE “B” MOTOR VEHICLES

Description of Motor Vehicles Cost Value

SCHEDULE “C” U.S. GOVERNMENT SECURITIES

Description of Stock or Bond Date Acquired Par Value Market Value

SCHEDULE “D” NON MARKETABLE SECURITIES

Description Date Acquired Par Value Market Value

SCHEDULE “E” STOCKS

Company Shares Date Acquired Par Value Market Value

SCHEDULE “F” NOTES PAYABLE SECURED

Description Date Balance Payment (m/yr)

SCHEDULE “G” NOTES PAYABLE UNSECURED

Description Date Balance Payment (m/yr)

SCHEDULE “H” REAL ESTATE MORTGAGES

Description Date Balance Payment (m/yr)

SCHEDULE “I” AUTO LOANS

Description Date Balance Payment (m/yr)

CERTIFICATION TO FINANCIAL STATEMENT

I certify this Statement to be true and correct as of the date indicated; that this financial statement is a full and fair disclosure of my assets; and that I provided a true and correct copy of this financial statement to on

Signature

Date:

I acknowledge receipt of this financial statement and disclosure.

Signature

Date:

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What the Prenuptial Agreement Full and Fair Disclosure of Assets Means

A Prenuptial Agreement Full and Fair Disclosure of Assets is a written statement attached to a premarital agreement in which each party lists assets, liabilities, income, and expected inheritances to enable informed consent. The disclosure documents the value and ownership of property at the time the agreement is executed and supports enforceability by showing transparency. Courts commonly review the disclosure to determine whether one party had sufficient information to evaluate the bargain and whether the agreement was unconscionable or entered into under duress.

Why a Complete Disclosure Matters for Enforceability

Full, accurate disclosure reduces the risk of successful post‑nuptial challenges and supports court review under state contract and family law standards, including claims of fraud or nondisclosure.

Why a Complete Disclosure Matters for Enforceability

Step-by-step: Preparing the Full and Fair Disclosure

Follow these steps to create a transparent, legally defensible disclosure that complements the prenuptial agreement.

  • 01
    Inventory: List all assets, liabilities, and income sources with current values.
  • 02
    Documentation: Attach statements, appraisals, and tax returns supporting values.
  • 03
    Review: Each party reviews the other's disclosure with counsel.
  • 04
    Execution: Sign the disclosure and annex it to the prenuptial agreement.

Parts of a professional Full and Fair Disclosure

A complete disclosure has clear sections that make review and verification straightforward for parties and counsel.

Introductory Statement

Explains the purpose, effective date, and identifies the parties whose assets are listed, creating context for the inventory.

Asset Schedule

Detailed list of real property, accounts, investments, personal property, business interests, and estimated values with supporting documentation references.

Liability Schedule

Complete list of secured and unsecured debts, including creditor names, balances, payment terms, and which party is responsible.

Income Summary

Recent income sources and amounts (salary, bonuses, rental income) often supported by pay stubs or tax returns for the prior tax year.

Contingent & Excluded Property

Items asserted as separate property or excluded from the marital estate, including trusts, pre‑existing inheritances, or premarital gifts.

Certification & Signature

A signed statement attesting to truthfulness under penalty of perjury or equivalent, dated and witnessed or notarized as required.

Data elements typically required in the disclosure

Party Identity: Full legal name
Effective Date: MM/DD/YYYY
Real Estate: Address and value
Financial Accounts: Institution and balance
Business Interests: Entity name and percentage
Debts: Creditor and balance

Who typically completes a Full and Fair Disclosure

Clear roles in preparation improve defensibility; having counsel review both the disclosure and the agreement is common practice.

  • Prospective spouses preparing premarital agreements for asset protection and transparency.
  • Family law attorneys drafting enforceable prenuptial agreements and reviewing disclosures.
  • Financial advisors or CPAs compiling valuations, statements, and supporting tax documents.

Representative signers

Prospective Spouse

The individual entering the premarital agreement; signs the disclosure to confirm ownership claims and financial representations, and may be required to initial each schedule.

Independent Counsel

An attorney for each party who reviews the disclosure, provides legal advice, and can sign an acknowledgment attesting that they advised the client, which strengthens enforceability.

Where disclosures are submitted and how they travel

Disclosures are typically attached to the prenuptial agreement and stored with counsel; filing at court occurs only if disputes progress to litigation or during enforcement proceedings.

  • Counsel File: Each attorney retains copies for client records and future reference.
  • Shared Parties: Both parties receive fully executed copies for their records.
  • Court Filing: Filed only if dispute or enforcement requires judicial review.
  • Secure Storage: Stored with signed agreement in a secure document repository.

How to set up an online disclosure workflow

Configure a clear online workflow that collects disclosures securely, preserves audit trails, and attaches supporting documents.

Field Configuration
Document Uploads Require PDF uploads for statements and appraisals
Signer Order Set sequential signing if counsel reviews first
Authentication Use email + SMS or stronger verification
Audit Trail Enable IP, timestamp, and action logging

Digital signing and security considerations

Select a solution that supports ESIGN/UETA compliance, offers strong audit trails, and can provide a BAA for HIPAA-covered disclosures where applicable.

  • Authentication: Email, SMS, KBA, or advanced signer methods
  • Encryption: TLS in transit; AES-256 at rest
  • Audit Trail: Comprehensive event log and tamper-evident certificate

Comparing eSignature options for prenuptial disclosures

This table summarizes common pricing and baseline capability distinctions among major eSignature vendors with signNow shown first for comparison.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Yes, 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes (Premium) Varies by plan Varies by plan Varies by plan Varies by plan
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Timing considerations and typical deadlines

Plan timing to allow review and, if desired, a waiting period before marriage; last-minute signing increases the risk of challenge.

Start Early:

Begin financial inventory at least 30 days before the wedding

Allow Review:

Give each party independent counsel and time to review—commonly 7–14 days

Document Update:

Update disclosure if material assets change before signing

Notarization:

Obtain notarization if state or counsel recommends it

Court Filing:

Only if enforcement or probate requires submission

Key milestones from draft to final execution

A sequential timeline helps coordinate disclosures, counsel review, and final signing to avoid coercion claims.

01

Draft Disclosure

Party compiles initial inventory and supporting documents for review

02

Counsel Review

Each party obtains independent legal advice and requests clarifications

03

Revisions

Address valuation disputes and amend schedules as needed

04

Execution

Signatures, notarization if chosen, and distribution of final executed copies

Common preparation mistakes to avoid

  • Incomplete valuations: omitting recent appraisals or account statements can undermine credibility.
  • Undisclosed debts: failing to list liabilities may lead to claims of fraud or rescission.
  • Last‑minute signing: executing just before the wedding increases risk of claims of coercion.
  • Lack of counsel: not having independent legal advice weakens enforceability and court deference.

Risks if the disclosure is incorrect or incomplete

Rescission Risk: Agreement may be set aside
Financial Liability: Court may reallocate assets
Litigation Costs: Higher attorney and court expenses
Damaged Credibility: Weakened evidentiary position
Tax Consequences: Unreported values may trigger tax review
Delay: Proceedings and enforcement may be prolonged

Practical tips for accurate and efficient completion

Adopt consistent formats and provide supporting documents to reduce disputes and speed review.

Use Standard Formats
Present values in USD, use MM/DD/YYYY dates, and attach statement PDFs for verification.
Engage Counsel
Each party should have independent advice to preserve enforceability and clarity.
Document Sources
Cite statement dates and document origins to reduce valuation challenges.
Preserve Originals
Keep signed originals and certified copies in secure storage for retention period compliance.

Real-world examples of how disclosures are used

These examples illustrate practical situations where a full disclosure supports the prenuptial agreement.

High Net Worth Individual

A spouse with multiple investment accounts drafted a full disclosure listing account names, balances, and recent statements

  • Counsel reviewed and attached tax returns
  • The court later referenced the disclosure when evaluating challenges, which simplified enforcement and reduced litigation.

Business Owner

An entrepreneur included detailed business equity schedules and valuation method notes

  • Parties agreed on a buyout formula for future dissolution
  • Clear exhibit schedules avoided dispute over business value and enabled a prompt settlement when the marriage later dissolved.

Frequently asked questions about disclosures and eSigning

Answers to common questions about legal validity, notarization, recordkeeping, and online signing for full and fair disclosures.


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