A prenuptial agreement, widely known as a “prenup”, is a contract that is put down on paper agreed upon by two people before they tie the knot. There is a huge stigma behind prenuptial agreements that they are only for the rich, but that rumor has long been disapproved, and anybody could benefit from having an agreement with their future spouse written out before anything goes awry. While prenuptial agreements are typically used to protect the wealthy fiancé from losing out on his or her fortune if a divorce was to happen, a lot of couples have come forward using the agreements to agree on what would happen between their property, future kids and money, if they were to end their marriage. With a high divorce rate of 40-50% of couples in the United States seeing divorce, sometimes problems are foreseeable, and divorces can be tricky, filled with arguments, lawyers and problems. By having an agreement set beforehand, the couple ensures that they will be able to keep the peace.
In addition to covering property and finances, prenuptial agreements can cover anything from children, pets and even household items that are loved by both partners. Emotions are going to be running very high in the case of a divorce, so by dividing up the items that might trigger an emotional response before the time even comes, the couple can save a lot of grief for each other.
The first part of prenuptial agreements is figuring out how to bring up the topic. These days, pre-nup’s are typically seen as unromantic, but it’s simply ensuring the best success for both partners. The couple is going to be living a life together, so it’s important to talk about these things before you even start planning the wedding. The next step is actually setting up the physical agreement. Take an inventory of everything both partners owns, all of your assets, wealth, property, items and pets, and discuss between the two of you who would get what. It’s important to visit a family law attorney, because even if you agree on this or that and get it notarized, it might not be justified in court. Consider your retirement plan and any savings you have when creating a prenuptial agreement.
As for thing a prenuptial agreement can’t include, the list isn’t too long. First, you can’t put anything in your pre-nup that restricts your partner from seeking marital support. If you include that your spouse can’t seek alimony, legally, if you were to get a divorce, they still hold the right to take you to court for it. On the same subject, a prenuptial agreement can’t cover in depth child custody arrangements or support. Some things around the subject of children is okay to include in the prenup, including any faith you want your child to be raised or education you want them to receive.
Overall, prenuptial agreements are a great choice for anybody entering into a marriage with another person in order to keep the peace and secure their livelihood long term- what’s more romantic then that?
If you have any questions about prenuptial agreements contact a family lawyer in your area. At The Allen Law Firm in West Columbia, we can assist you with prenuptial agreements.
