What Should I Include in a Prenuptial Agreement?

A prenuptial agreement is an important legal document that can help spouses protect their property and assets if their marriage fails. Having this agreement in place will also substantially simplify the divorce process since it addresses property and asset division. That said, your prenuptial agreement is only as effective as you and your future spouse make it, so you should carefully consider what is important to you and if it should be included in this agreement.

Creating a Prenuptial Agreement

Prenuptial agreements give spouses the opportunity to designate which assets and property are separate and which should be considered marital property. Such issues are often the most contentious and time-consuming in a divorce, which is why this is such an invaluable tool.

Here are some items you should include in your prenuptial agreement:

  • If you have retirement benefits, such as a 401k or an IRA, which you would like to protect, you must include it in your prenuptial agreement to ensure your spouse does not have a right to these benefits if you split up.
  • If one of you has a substantial amount of debt, it would be wise to ensure it remains the sole obligation of the spouse who incurred that debt.
  • Define which property must be kept separate and which is marital. Otherwise, any property or assets accumulated during the marriage will be considered marital property.
  • If you have children from a previous relationship, consider protecting their inheritance by including this in your prenuptial agreement.

Additionally, to ensure the validity of your prenuptial agreement, you must not include anything that may render it unenforceable. For example, you must never include anything child-related, such as child custody or child support. Even if the rest of the items in your agreement are legal, including anything illegal may make the entire agreement invalid. Child-related matters are determined by the courts and are based on the best interests of the child, which is why such items must not be included in this document. An experienced family law attorney will advise you on other items that you should include and other items that do not have a place in a prenuptial agreement.

Speak to a Knowledgeable Family Law Attorney About Your Prenuptial Agreement Today!

If you are planning to get married and decided to create a prenuptial agreement, it is crucial to hire a knowledgeable family law attorney to assist you with this task. At Law Office of Alexandra White, PC, our family law team will provide the guidance you need to create an effective prenuptial agreement that will protect your interests in the event of a divorce.

Call our law office today at (303) 647-4245 to request an initial free consultation with one of our experienced attorneys.