A prenuptial agreeement, also known as a prenup or a marital agreement, is an agreement made between two proespective spouses who are contemplating marriage.
Creating a prenuptial
You and your prespective spouse shoudl discuss your prenuptial agreement well in advance of your marriage. You should give yourselves enough time to consult separate lawyers and sufficiently consider the agreement. This is important because later one party may claim that the agreement is unenforceable because it was misleading or signed under pressure.
Prenuptial exampleIn the following prenuptial agreement, John Doe and Jane Smith outline how they will handle property, debts, as well as many other issues, during and after marriage. A number of issues can be clarified in a prenuptial agreement about property rights. You can specify how property previously owned or acquired during the marriage will be distributed upond divorce or death.
What can be included in a prenuptial
You may also want to include:
The handling of debts and expenses
Rights to inherit from each other
Rights to be named as the beneficiary of life insurance or retirement
Any other matter regarding the parties' rights and obligations, as long as the agreement does not violate public policy concepts or criminal laws
You should also take note that certain items in a prenuptial agreement may not be enforceable. These include privisions relieving one party from paying child support or alimony. State law or public policy may prevent a court from enforcing such provisions. Different states have different laws, so it's best if you draft these provisions with the consultation of a lawyer.
Get started on your prenuptial agreement now. We can also connect your with a lawyer if you need further assistance.
Here are some other legal documents that you may find useful:
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice,
please ask a lawyer.
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