What Should My Prenuptial Agreement Cover?
If you and your future spouse decide to sign a prenuptial agreement, make sure that it is complete and legally binding. A Chatham, NJ family agreement attorney from our firm can help ensure that all of the most important financial matters are covered. If there are some unique considerations to make based on you or your partner’s assets, then we can help you include plans for those as well.
What Can Be Included in a Prenuptial Agreement?
For the most part, your prenuptial agreement is just supposed to address financial matters. You and your partner can cover common issues like:
- How marital property is distributed
- What happens to property each partner brought into a marriage
- Property interests of your children from previous relationships
- Which state law applies to your divorce, if you have multiple residences
- What happens to a shared business
- How household bills and expenses will be managed
- How you will handle joint investments
- Pet custody agreements
These are all things that couples tend to fight about when a divorce happens. When you write a prenup, you are helping ensure that your divorce goes more smoothly because many of your financial terms are already ironed out.
What Can’t Be Put in a Prenuptial Agreement?
You have to be careful with a prenuptial agreement though. Putting in provisions that are not supposed to be covered can end up rendering your prenup void. Child custody or visitation is a good example of this. Your prenup can’t decide this. If you divorce, the courts decide on this matter by focusing on what is in the best interests of the child.
Why Use a Prenuptial Agreement?
When you use a prenuptial agreement you are not just protecting your own assets. You are also reducing the chances of conflict during a marriage and in case of a divorce. A prenup can allow you and your partner to make your financial priorities clear to each other.
You can also protect yourself from a partner’s debt with a prenuptial agreement. In most cases, if a married person has a debt, that is considered marital property. It’s split up just like assets in a divorce. A prenup can ensure that everyone is responsible for their own debts and liabilities.
Can a Lawyer Help Me Write a Prenup?
We do recommend having an attorney draft your prenuptial agreement for you. This is a legal document, so it’s important that everything is done correctly. A lawyer from our firm can walk you through the process, suggest things that should be included, and ensure that none of the agreement’s provisions can result in legal challenges.
Meet With Our Attorneys
When you are ready to draw up a prenuptial agreement, contact Lazor Rantas, PC. We can look over you and your partner’s assets and talk to both of you about what you want your agreement to cover. Then we’ll have you both sign a fair, legally binding agreement.
