Cementing Your Relationship With A Prenuptial Agreement

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Wedding plans can fill your time, and the joy of planning for the big day is part of the fun. Be sure, however, that you take the time to create something a bit more serious than a color scheme. A prenuptial agreement serves an important role; it can help you and your fiancé to solidify some important financial plans and goals, and set up some guidelines to handle some future potential issues.

How should I go about creating a prenuptial agreement?

Unlike many legal documents, there is very little guidance or rules about what should be included, There are, however, some issues that should not be addressed using a prenuptial. These will be addressed later. The overall tone of your prenuptial should be to focus exclusively on financial issues, such as property and debt. A complete prenuptial agreement should include:

Leave the following issues out of your agreement.

  1. Any legal issues that concern minor children. The law places an extremely high priority on the welfare of children under the age of 18, and so there are many state-mandated rules and guidelines that address child custody and visitation and child support. Anything to do with these issues in a prenuptial agreement has no status, so just leave it out.
  2. Any issue that you did not agree upon. Coercion has no place in prenuptials and this factor can invalidate the entire agreement, so be sure that neither one of you is forcing the other to sign something that they disagree about.
  3. Any agreement that appears to be obviously unfair to one party. The courts may be reluctant to enforce agreements that heavily favor one party over the other.
  4. The question of alimony, or spousal support. Be sure to check with your family law attorney, because some states prohibit mentioning this issue and some allow it.