Friday, April 1, 2005

My Fiance Is Getting a Prenup: Can He Run a Credit Check Without My Consent?

With such a high divorce rate, it is common for many marrying couples to protect any assets with which they are entering into the relationship. In doing so, there are rules and boundaries each side should respect. If your fiance is in the midst of preparing a prenuptial agreement, he may legally ask questions about your financial background and request certain documents, but in many other areas, your privacy is legally protected.

Prenup Identification

    A prenuptial agreement is a contract between two people planning to enter a marriage. It states the terms of the marriage and may cover protection of the assets of either party in the relationship. It may also discuss estate planning and responsibilities in the relationship, including the allocation of assets, such as inheritances, to children. Finances are a major part of a prenuptial agreement, and many couples run credit checks on one another to get an accounting of the significant other's debts.

Credit Checks

    One or both sides may request a credit check for the purposes of the agreement. However, your fiance cannot run a credit check on you -- no one can, in fact -- without your written consent. In fact, it is illegal to run a credit check on anyone without their consent. This protects the very sensitive personal information contained in your credit report.

Warning

    If you find that your fiance has run a credit check -- or had his lawyer run a credit check -- without your consent, then he has broken the law. Also, an inquiry into your credit report can be a black mark against your score, particularly if you have made previous inquiries in the same year. It is best to check if you suspect that your fiance took this action to ensure that your score is what you believe it to be.

Considerations

    Discuss all of the information to be included on the prenuptial agreement ahead of time, so that there are no surprises on either end. Keep in mind that if your fiance runs a credit check behind your back, this is a red flag, as it may show that he doesn't have enough respect for you to ask before making decisions regarding you and your personal information. Talk to him about it if he wants to run a credit check and explain the importance of making these kinds of decisions together.

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