What Should I Include in My Prenuptial Agreement?

If you are preparing to get married, you probably have a lot of hopes and expectations for the future. If you and your fiancé decided that a prenuptial agreement should be part of your plans for the future, this can help ensure that, regardless of the success of your marriage, your assets and property will be protected. However, this essential legal document is only as effective as you make it, so you should learn more about what should be included in your prenuptial agreement.

Items You Should Include in Your Prenuptial Agreement

Everyone’s financial situation is different and, therefore, an effective prenuptial agreement for you will not be the same as someone else’s. That said, there are generally some things that should be included in most prenuptial agreements. With the guidance of an experienced attorney, you can learn more about what will specifically work best for you and your goals.

Here are some items you should include in this critical legal document:

  • Without a prenuptial agreement, you will have to follow the laws of the state regarding property and asset division and it may not exactly be to either party’s liking. You can determine what is separate property and what is marital property in your prenuptial agreement, so be sure to use this crucial feature. Doing so can save you time and spare you unnecessary amounts of stress if you get divorced.
  • Do you or your future spouse have a substantial amount of debt? You can protect each other from your respective debts by stating it in your prenuptial agreement.
  • If you have children from a previous relationship, you might have some concerns about their inheritance and property rights. You can protect their rights by including this item in your agreement.
  • Generally, family property and heirlooms are considered separate property and are protected. However, during the course of a long marriage, many assets may commingle, complicating matters, so you might want to consider taking some extra precautions.

Moreover, it is important to keep in mind that certain items should never be included in a prenuptial agreement. For example, including child-related matters may invalidate your agreement. In a divorce, child-related decisions are decided based on the best interests of the child, so you and your fiancé must not address any of these matters in your marital agreement.

Call Our Law Office for the Skilled Legal Guidance You Need

If you would like to create a prenuptial agreement, reach out to Kay Polk, Attorney at Law for the legal guidance you need. Our attorney has the experience and skill necessary to help you create an effective marital agreement.

Reach out to our legal team today at (713) 234-6260 to request a consultation.