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Prenuptial Agreement

Alternate Names:

A Prenuptial Agreement is also known as:

  • Premarital Agreement
  • Antenuptial Agreement
  • Marriage Contract
  • Prenup

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 does a prenup cover?

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 can I include in a Prenuptial Agreement?

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 a 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

Related Documents:

  • Cohabitation or Common Law Agreement: offers financial terms to couples who have decided not to marry but who want to protect their personal assets
  • Roommate Agreement: used to divide expenses such as rent and utilities between roommates
  • Last Will and Testament: ensures that you have control over your asset division in the event of your death. Your Will should be updated shortly after any major life event, such as a marriage or separation
  • Separation Agreement: a contract that will allow you and your spouse to divide your assets, properties, and debts, and to agree on custody and visitation arrangements prior to your divorce judgement

Related Articles:

Frequently Asked Questions:

Prenuptial Agreement FAQ
Prenuptial Agreement Sample


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