What is a Prenuptial Agreement?
A prenuptial agreement, also known as an ante-nuptial agreement, is a contract entered into before marriage where a couple specifies how they will divide their property, debts, income and expenses should the marriage dissolve.
Features of a Prenuptial Agreement
Prenuptial agreements often provide for and allow both spouses: - To protect his or her own separate property
- To protect himself or herself from the other spouse's debt
- To determine the level of support (alimony) owed to a spouse both in divorce and death
Are Prenuptial Agreements Enforceable?
Prenuptial agreements are generally enforceable. Although the laws regulating prenuptials vary from state to state, common rules are: - Marriage
- They are only enforceable if it is fair at the time of enforcement
- Some states require certified copies of your marriage certificate
- Divorce
- You can have the judge handling your divorce make a formal order to restore you former name
- No agreement can promote divorce
- They must be in writing
- They cannot include child support responsibilities
- Attorney representation is usually required for both parties
Do I Need an Attorney to Draft a Prenuptial Agreement?
Although you and your spouse can reach an agreement by yourselves as to the general terms of the prenuptial agreement, in most situations two lawyers (representation for each spouse) are required by law in order to finalize the agreement. Speaking with the proper attorney will help you understand your rights and protect your interests. |
 |
