Anyone who is planning on getting married should consider the need for a prenuptial agreement. While some individuals might associate these with wealthy individuals, others can also benefit from having one in place before they tie the knot. Understanding some basic points about these agreements might help you determine if you need one.
There are some specific things that you can include in a prenup and some that you can’t. For example, you can include a distribution of wealth, but you can’t include terms about child support. All matters related to child custody must also be left out of the agreement because those points have to be determined at the time of a divorce based on what’s best for the child.
When you’re getting the prenuptial agreement together, remember that it must be based on a full financial disclosure. You can’t hide anything from your future spouse or the prenup can be considered invalid if you ever have to use it.
One important thing to remember is that premarital agreements protect both parties. You shouldn’t feel bad about bringing the subject up to your betrothed as long as you’re presenting a balanced agreement. It’s meant to provide a firm financial foundation for your upcoming marriage since it does come with a complete look at the current financial state.
Take the time to explain your reasoning behind asking for it. Neither party can be forced to rush into signing a prenuptial agreement, so be sure to bring this up well in advance of the wedding date. This gives them time to consider the terms and discuss them with their attorney. It also protects you from claims that they signed the agreement under duress.