In addition, the costs from contesting a divorce can be very high both financially and emotionally. A prenuptial agreement allows you and your spouse to take control of the division of your property that will be required from a marital breakup. A prenuptial agreement is a legal document signed by you and your spouse that recognizes your shared understanding and agreement in advance about possession and ownership of property in the event of a divorce.

Benefits of a Prenuptial Agreement

In the eyes of the law, your marriage is a legal contract and like other contracts, either party can ask a court to enforce their preferences on another party for division of property and assets. Many couples entering into a second marriage find a prenuptial agreement comforting. It is like an insurance policy that allows you and your spouse to agree in advance how your property will be divided at any point in the future in the event of a divorce.

Prenuptial agreements can protect both you and your spouse's estate planning programs. They specify who has legal ownership and possession of the home, whether there will be alimony payments, which property is deemed to be jointly owned by you and your spouse, and which property you or your spouse own individually, and much more. Your unbundled provider attorney will consult with you on how best to protect your interests and help create a prenuptial agreement with your spouse.

What Cannot Be Included in Prenuptial Agreements?

Issues involving children such as custody, visitation, and child support cannot be included in a prenup. There are other issues a court may subjectively determine has been illegally included in a prenuptial agreement. Anything that encourages divorce, or seems to be inherently unjust to the other party, can be excluded by the court from your prenuptial agreement. For example, conditions limiting a spouse's weight gain, personal appearance, who your spouse associates with, are examples of special provisions you should not include in a prenuptial agreement. It is important to discuss your concerns and the terms you wish to include in a prenuptial agreement with your unbundled provider attorney who will advise you on the legal requirements for a prenuptial agreement.

A Prenuptial Agreement Can Be a Marriage Booster

It is important for both spouses to disclose all of their assets and include them in a prenup. A candid conversation with your spouse is an opportunity to share opinions and discover each other's priorities. View it as a positive reinforcement for a successful marriage. Your unbundled provider attorney will help you and your marriage succeed through a well-planned and comprehensive prenuptial agreement.