How To Use A Prenuptial Agreement To Take Your Marriage To The Next Level

You might not have thought to make an appointment with a lawyer when planning your wedding, but perhaps you should. Prenuptial agreements help couples to solidify their financial plans and should be carried out before the wedding takes place. Read on for some key facts to consider about prenuptial agreements.

What to Include in a Prenup

What goes into your prenuptial agreement can vary, and most couples are free to create an agreement custom-made for them alone. A heart-to-heart about all things financial is a must-have move for engaged couples, and topping off the discussion with a prenup is the perfect way to legalize your plans. Consider including the following:

  • What property does each of you own at this time? All property owned by the parties remains the property of the individual after the marriage and after any divorce. Property can, however, change hands and become marital property in some instances. For example, you can add your spouse's name to a real estate deed if you wish or turn your private bank account into a joint account.
  • What debts does each of you carry into marriage? Be sure to list them along with balances owed.
  • Do you already have joint debts or assets? Some couples purchase a home together before they wed.
  • It's advisable to take this opportunity to create a budget for life after marriage.
  • Now is a good time to make plans for the future. That might include savings for a down payment on a home or for a child's college tuition. Other important savings considerations to be discussed include retirement and emergency savings.

What to Leave Out of a Prenup

Here, the services of a family law attorney are vital so that you can avoid confusion later on. Some subjects are best left off of a prenup, and those are the following:

  • Issues that cover what happens with a minor child. The state and the family court system takes a keen interest in the welfare of anyone under the age of 18, so don't bother including anything other than general college plans for a child in a prenup. That means leaving out plans for child custody, adoption, whether or not you will have children, child support, visitation, and more. When the time comes to address these issues, the best interest of the child is the prevailing factor — not what was listed in a prenuptial agreement several years ago.
  • In some cases, you can include the issue of spousal support (alimony). However, there are a few states that don't allow it. Check with a family law attorney before you include that issue.

To get more information about how to craft a perfect prenuptial agreement for you, speak to a family law attorney before you tie the knot.

To learn more, contact a family lawyer.

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