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Prenuptial Agreements

Prenuptial Agreements

Protect Your Future, Preserve Your Peace of Mind

Prenuptial agreements, or “prenups,” serve to protect individual assets and outline financial arrangements between two people before they marry. They allow couples to define how their financial responsibilities, including debts, will be handled during the marriage and, more importantly, how they will be divided if the marriage ends in divorce or upon the death of one spouse. By specifying the ownership of assets acquired before and during the marriage, a prenup ensures that each person’s financial interests are safeguarded. Prenups can be especially important for individuals with significant assets, business interests, or children from previous relationships. Additionally, a well-drafted prenup can minimize the potential for disputes, providing a clear plan for how final matters will be managed if the marriage ends. While a prenuptial agreement is often associated with wealth protection, it can also address potential future earnings, inheritances, and other financial expectations. In essence, a prenup is a tool for financial planning that encourages transparency and communication between parties and ensures that both parties enter the marriage with a clear understanding of their financial rights and responsibilities.

Do I need a prenuptial agreement if we don’t have many assets?

Even if you don't have significant assets now, a prenup can protect future earnings, inheritances, or business interests. It’s also useful for defining debt responsibilities.

Can a prenup include decisions about child custody and support?

No, prenuptial agreements cannot predetermine child custody or support, as these are decided based on the child’s best interests at the time of divorce.

Are prenuptial agreements legally enforceable?

Yes, prenups are enforceable if they are properly executed, with full disclosure of assets and without coercion. Both parties should have independent legal counsel.

Can a prenuptial agreement be changed after marriage?

Yes, after marriage, a prenuptial agreement can be modified or revoked through a postnuptial agreement, which must be signed by both parties.

What happens if we don’t have a prenuptial agreement?

Without a prenup, state laws will determine how assets and debts are divided in the event of divorce, which may not align with your wishes.

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