What should you know about prenuptial agreements?

On Behalf of | May 7, 2024 | Divorce

Prenuptial agreements are a way that you and your future spouse can ensure you’re on the same page with finances. It’s also an opportunity for each person to protect the assets they had coming into the marriage. 

There are several things that you should think about if you’re trying to get a prenuptial agreement together. Understanding these points may help you to create it and get it signed. 

It must be balanced

The prenuptial agreement must be balanced based on what each partner has going into the marriage. If the agreement is one-sided, the court may not uphold it if the time comes. 

Time is important

The prenuptial agreement must be shared at a time when both parties have time to consider it. You can’t give it to your soon-to-be spouse right before the wedding and have them sign it. Instead, they have to be able to have their attorney review it and sign it based solely on their desire to do so. 

Certain points can’t be included

There are specific points that can’t be included in a prenuptial agreement. These include conditions about children or terms that encourage divorce. You also can’t put terms in the prenuptial agreement that don’t have anything to do with money, such as where you’ll spend holidays or who will do what household chores. 

Getting the prenuptial agreement written out in a manner that can be upheld by the court is critical. It protects you and your betrothed, so it’s critical that you work with someone who can set it up appropriately. Because time is limited, you should do this early in the engagement.

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