Drafting a Prenuptial Agreement

In order to avoid complications when filing for divorce, many couples opt to sign a prenuptial agreement that will detail how a couple’s assets will be divided, how much spousal support will be allotted, guardianship for children, as well as what will happen in the event that one spouse harms the other or is unfaithful.

A prenuptial agreement, also known as a prenup, is a contract that couples enter into before the marriage. While the details of a prenup can vary between couples, each agreement usually details what will happen in the event that the couple wishes to dissolve the marriage. The prenup is only valid if completed before the couple weds. If a couple wishes to amend details that were determined in the prenup post-marriage, they may opt to draft a postnuptial agreement.

In order for a prenup to be valid in the U.S., the agreement must be in writing, must be executed voluntarily, must provide full and/or fair disclosure at the time of execution, must not be unconscionable, and must be executed by both parties.
While prenuptial agreements can save couples a lot of time and stress, they are by no means unbreakable. Given the right circumstances, a judge may throughout elements of a prenuptial agreement. Hiring a divorce attorney will ensure these occurrences are kept to a minimum and will make sure your rights are upheld.

Contact a divorce lawyer today to draft a prenup or ensure issues with the agreement are settled fairly