What does a prenuptial agreement protect?

A prenuptial agreement (“prenup” for short) is a written contract created by two people before they are married. A prenup typically lists all of the property each person owns (as well as any debts) and specifies what each person’s property rights will be after the marriage.

Can a prenup protect future investments?

Assets acquired after the ceremony are ordinarily considered jointly owned marital property, with disposition to be decided during the divorce process. However, a prenup can be used to address future assets if written correctly.

Can a prenup protect everything?

Yes, a prenuptial agreement can protect future assets. Those are common provisions you would put in to a prenuptial agreement.

Does adultery affect a prenup?

Spousal abuse or cheating does not void or invalidate a prenuptial or partition agreement unless the agreement specifically states that. A custom marital agreement can include an infidelity clause, but the ramifications should be carefully considered.

Is it good to have a prenuptial agreement?

Prenuptial agreements can be beneficial for both parties, since they solidify the terms of a relationship and marriage before problems arise. But every prenup should get a thorough review by an attorney before they’re signed, since the cost of critical errors in the document could cost one or both of the parties later.

Can a prenup be used to get child support?

A prenup cannot include child support or child custody issues. The court has the final say in calculating child support. The court determines child support based on a “best interest of the child” standard, with several factors at play.

Can You waive alimony in a prenuptial agreement?

Some states do allow alimony waivers. Be sure to check with your own state’s laws. Judges scrutinize prenuptial agreements in detail to look for anything that tends to offer a financial incentive for divorce. If a provision can be read to encourage divorce, the court will set it aside.