What can a prenuptial agreement not decide in advance?

Matters concerning children, including custody, visitation, and child support, generally can't be locked in ahead of time through a prenup, since those decisions are made based on the child's circumstances and best interests at the time they actually arise, not on what parents agreed to years earlier before the child existed.

Why is full financial disclosure important for a prenup to hold up later?

Both parties need a genuine, complete picture of each other's assets, debts, and income before signing, because an agreement built on hidden or misrepresented finances is far more vulnerable to being challenged and set aside later. Full disclosure, ideally documented in writing and attached as an exhibit to the agreement, is one of the main things reviewed if the agreement is later contested.

How does a prenup define separate property versus marital property?

Separate property typically includes assets owned before the marriage, inheritances, and gifts received individually, while marital property covers what's acquired together during the marriage. A prenup can specify how each category is treated, including whether separate property that appreciates in value during the marriage stays separate or becomes partially shared.

Family & Personal

Prenuptial Agreement

A contract between prospective spouses establishing property rights, financial obligations, and asset division in the event of divorce or death.

Overview

A contract between prospective spouses establishing property rights, financial obligations, and asset division in the event of divorce or death.

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Who Needs This Document?

Couples planning to marry, particularly those with significant assets, business interests, children from prior relationships, or large disparities in wealth.

When Do You Need This?

Should be discussed and executed well before the wedding date - ideally months in advance. Required when either party has significant assets, debts, business interests, or children from prior relationships.

Key Provisions

A well-drafted document should include the following essential provisions:

Classification of separate and marital property
Financial disclosure requirements and schedules
Spousal support (alimony) provisions or waivers
Division of debts and financial obligations

Frequently Asked Questions

What can a prenuptial agreement not decide in advance?: Matters concerning children, including custody, visitation, and child support, generally can't be locked in ahead of time through a prenup, since those decisions are made based on the child's circumstances and best interests at the time they actually arise, not on what parents agreed to years earlier before the child existed.
Why is full financial disclosure important for a prenup to hold up later?: Both parties need a genuine, complete picture of each other's assets, debts, and income before signing, because an agreement built on hidden or misrepresented finances is far more vulnerable to being challenged and set aside later. Full disclosure, ideally documented in writing and attached as an exhibit to the agreement, is one of the main things reviewed if the agreement is later contested.
How does a prenup define separate property versus marital property?: Separate property typically includes assets owned before the marriage, inheritances, and gifts received individually, while marital property covers what's acquired together during the marriage. A prenup can specify how each category is treated, including whether separate property that appreciates in value during the marriage stays separate or becomes partially shared.

Prenuptial Agreement

Overview

Who Needs This Document?

When Do You Need This?

Key Provisions

Frequently Asked Questions

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