What Should I Include in a Prenuptial Agreement?

If you are planning to get married and agreed to create a prenuptial agreement with your fiancé, you must now tackle the task of understanding what should be included in this crucial legal document. Every couple’s circumstances are unique and, therefore, to ensure your prenuptial agreement effectively protects the assets that are most important to you, you must contact an experienced family law attorney to discuss your specific situation.

Creating a Prenuptial Agreement

A prenuptial agreement is designed to protect your assets and property in the event of a divorce, but its effectiveness is highly dependent on how well you craft it.

Below are some of the items you should consider including in your prenuptial agreement:

  • Define separate property and marital property: Without a prenuptial agreement, your property and assets must be divided according to the laws of your state. However, if you have a prenuptial agreement in place, it will determine how to divide assets and property.
  • Protect yourself from debt: If your fiancé has a substantial amount of debt, you can protect yourself against it in your prenuptial agreement, ensuring that it will never become your responsibility in the aftermath of a divorce.
  • Ensure you are compensated if you are a stay-at-home parent: If you plan on quitting your job or not seeking employment to care for children, your prenuptial agreement can ensure you receive the compensation you deserve if your marriage fails.
  • Protect your business: If you own a business, protect it in your prenuptial agreement to ensure your spouse will never gain a controlling interest in it if you get divorced.

While a prenuptial agreement can protect your financial interests and assets, it cannot address child-related issues, such as custody or support. If you include this in your prenuptial agreement, it is unlikely it will hold up in court. Moreover, any provisions that are deemed unfair may also invalidate your prenuptial agreement.

Get Started on Creating a Prenuptial Agreement with a Knowledgeable Attorney!

If you and your fiancé agreed to create a prenuptial agreement, you already got over one of the biggest hurdles in this process. Your next step is to create a document that will effectively protect your future. At Creative Family Solutions, Cianci Law, PC, our family law attorney will help you draft a prenuptial agreement that will provide the peace of mind you need. Regardless of what the future holds, you can rest assured that your financial future will remain protected.

Take the first step toward creating your prenuptial agreement and reach out to our law office at (916) 797-1575 to request an initial consultation with our trusted attorney.

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