What Should I Include in a Prenuptial Agreement?

Prenup Agreement

Creating a prenuptial agreement is one of the most responsible acts a couple can partake in before tying the knot. However, many are often unsure of what to include in this important legal document. Your prenuptial agreement is only as effective as you make it and, although each couple is unique, there are some items that should generally be included. Continue reading to learn more about what you should include in your prenuptial agreement.

Creating an Effective Prenuptial Agreement

Regardless of how substantial or minimal you or your fiancé’s assets may be, one of the most important functions of a prenuptial agreement is its ability to distinguish marital and separate property, so it is crucial to include this in your agreement. Without these distinctions in your prenuptial agreement, your assets and property will be divided according to state law if your marriage ever ends in divorce.

Here are some other items you should consider for your prenuptial agreement:

  • If your spouse has debts, a prenuptial agreement can provide certain protections to ensure you are not responsible for them if the marriage fails. Limiting your liability now can save you some unnecessary headaches later.
  • If you have children from another marriage or relationship, you can protect their inheritance in your prenuptial agreement, preventing any potential disinheritance.
  • A prenuptial agreement can do more than outline which spouse gets which assets in a divorce. It can also describe marital responsibilities, including who will take care of certain household expenses and how joint bank accounts will be managed.
  • You can also create a sunset clause in your prenuptial agreement, which will essentially void the legal document when the marriage lasts a certain amount of time.

There are many other items you can include in your prenuptial agreement. That said, anything related to the wellbeing of your children, such as child custody or support, should not be included. Such decisions are based on the best interests of the children and could potentially invalidate your agreement if you choose to include them.

Reach Out to Our Experienced Family Law Team to Create a Prenuptial Agreement

Marriage is a big commitment and having a safety net in place can give both parties some peace of mind that, no matter what happens, their future is protected. At the Law Offices of Jeffrey S. Graff, our family law attorney is backed by more than 35 years of experience. He will work with you to create a prenuptial that addresses your unique needs and goals.

Call our law office today at (805) 633-4999 to schedule a complimentary case review with our experienced family law attorney.

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