Do You Need Help Creating a Prenuptial Agreement?

Connect with a lawyer who will help you draft the prenuptial agreement you need as you begin your marriage.

What is a Prenuptial Agreement?

Nearly one-half of all marriages in the United States end in divorce. Prenuptial agreements, known as prenups, are a common step many couples decide to take before getting married to protect their finances and property in case that possibility becomes a reality.

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Who Needs a Prenuptial Agreement?

Many people think of prenuptial agreements as something only the rich and famous need. Wealthy individuals may have more assets to protect than the average couple, but that doesn’t mean you won’t benefit from one. Prenuptial agreements are particularly relevant to individuals who own family businesses or real estate.

Some topics included in a prenuptial agreement are:

• Debt (loans, credit cards, car loans, student debt, etc.) to avoid the other partner becoming liable for it
• Establishing separate property and assets
• Retirement benefits
• Joint bank accounts

These are just a few examples to include in a prenup. Future spouses may want to add other special arrangements and considerations.

If you or your spouse own real estate, own a business, earn $100,000 or more per year, intend on attending school full-time or have more than $50,000 in assets, you should consider consulting with an attorney before you say, “I do.”

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Find the Lawyer That’s Right for You

Each state has its guidelines and regulations regarding prenuptial agreements. Discussing your situation with an experienced attorney can help you decide if this is right for you and draft a comprehensive document.

Prenuptial agreements are not simple documents to create. These multifaceted arrangements can cover a wide variety of different topics. Once you’ve decided that a prenuptial agreement is right for you, you and your partner will need to determine what it covers.

Every prenuptial agreement will be different, but you’ll want to think about:

• Defining separate and joint property
• Managing Debts
• Bills
• How to separate assets at divorce
• Businesses
• Managing finances like joint bank accounts and savings
• Retirement benefits
• Estate planning

It’s important to note that prenuptial agreements do not cover child support or custody of the child. It also cannot cover issues of personal preference, such as what type of schooling a child will receive, holiday traditions, vacation plans or household duties. You may not write anything illegal into the agreement.

What About Postnuptial Agreements?

If you and your partner think you might benefit from a prenuptial agreement but aren’t comfortable making these decisions until after you know more about how you’ll manage your household, you can create a postnuptial arrangement instead. Postnuptial agreements are a relatively new concept that became more common during the 1970s. These documents are similar to a prenuptial, but you draft them after the marriage. Like prenuptial agreements, postnuptial arrangements have some of the same provisions. If you signed a prenup but find it does not go along with your current lifestyle or living arrangement, you and your spouse may decide to change it or scrap it altogether.

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Why You Should Hire an Experienced Lawyer to Create Your Prenuptial Agreement

While divorce is probably the last thing on your mind in the whirlwind of excitement marriage brings, no one can predict the future. Your relationship may change and deteriorate over the years to come. So, you should take the necessary steps to protect your property, assets and finances in the event you and your partner choose to separate.

Not creating a prenuptial agreement can lead to painful and lengthy disputes in court, making an already stressful separation even harder on everyone involved.

Drafting a prenuptial agreement isn’t always easy. You and your partner will need to have some difficult conversations as you envision a future event neither of you wants to happen. An experienced attorney can help you navigate these decisions and make sure you understand your rights at every stage.

While prenups are far from romantic, it’s important to remember they’re simply a precautionary measure, just like how car insurance is there to protect you if you find yourself in an accident. You may never use it, but it’s beneficial to have.

Know Your State Laws

Since the laws regarding prenuptial agreements vary from place to place, it’s important to know the marriage law in your area. Since these aren’t common knowledge, an experienced attorney can help you navigate them, so your agreement adheres to the regulations where you live.

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What Does a Prenuptial Agreement Cost?

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The legal professional you choose to work with will set their own pricing structure and inform you of these costs before you enter an agreement. The final cost of working with a lawyer to create your prenup agreement may depend on a number of different factors.

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