A Prenuptial Agreement is also known as:
- Premarital Agreement
- Antenuptial Agreement
- Domestic Contract
- Marriage Contract
What is a Prenuptial Agreement?
A Prenuptial Agreement (or prenup) is a contract that you and your future husband or wife create prior to becoming legally married.
It dictates the financial responsibilities of each party and legally divides the monetary obligations of each spouse upon separation or death.
Prenuptial Agreements include terms such as division of properties, spousal support, and estate planning to protect the assets of each spouse, both
during and after a legal relationship.
For individuals who want to protect themselves but who will not be legally married, Cohabitation Agreements or Common-Law Agreements can serve as a solution.
What a Prenup Covers
Prenuptial Agreements are used to protect any personal assets in the case of divorce, separation or death by creating personalized terms as opposed to the terms governed by law.
Who Should Have a Prenup
Prenuptial Agreements are generally recommended if you:
- have personal assets that you wish to separate from any shared assets with your future husband or wife
- would like to protect a personal inheritance, business, or investment
- have children from a previous relationship
- would like to avoid any conflict or confusion in the event of a divorce, separation, or death of a spouse
What You Can Include in Your Prenup
Prenuptial Agreements generally cover any and all financial matters. This includes division of properties, income, businesses, investments, inheritances, and other similar assets. Prenups can also cover aspects of alimony/spousal support.
They cannot include terms regarding child custody, child visitation, or child support for existing or future children.
What Will Void Your Prenup
Prenuptial Agreements are invalid if:
- there was a failure to disclose all assets
- there is evidence of fraud
- there is evidence of duress or unfairness
- it includes content that is illegal or against public policy
- it was signed involuntarily
- it includes content that is perceived to promote divorce
Frequently Asked Questions:
Prenuptial Agreement FAQ