What Does My Prenuptial Agreement Cover?

As divorce and separation rates in the United States rise, prenuptial agreements are becoming increasingly popular to protect you from the unfortunate realities of divorce.

Orlando Family Lawyers

As a couple, you should independently consider a prenuptial agreement, but if you fall into any of the following categories, a prenuptial agreement should be strongly considered:

• You own all or part of a business
• You may receive an inheritance
• One of you is much wealthier than the other (disposable income and properties)
• One of you will support the other through college
• You have loved ones who need to be taken care of, such as elderly parents or handicapped siblings
• You have children and/or grandchildren from a previous marriage

Surprising to most, prenuptial agreements are not always just about money. A prenuptial agreement can cover stipulations during a marriage and not just offer protection after a marriage dissolves. An agreement can include anything from your required date nights at the start of a marriage to the custody of your pets as divorce proceedings occur. It is vital to focus on the primary aspects of marriage though, as judges or attorneys always review a prenuptial agreement with heavy scrutiny. Frivolous demands can halt the divorce process and distract you and your attorney from focusing on the more vital aspects of dissolution.

More importantly, prenuptial agreements protect your pre-marital financial interests, such as retirement, investment funds, property and other finances as well as the appreciation of value of those assets. If your partner carries credit card or student loan debt from outside of your marriage, you want to know your prenuptial agreement insures you won’t be stuck with those debts in the event that your marriage ends.

Prenuptial Agreements

If you have children from a previous marriage, they can also be covered in your prenuptial agreement. Through your prenuptial agreement, you can make sure that your children inherit their share of property that otherwise could be divided during divorce proceedings. This can even include future properties or assets.

The keys to the validity of your prenuptial agreement are honesty and full disclosure. Omitted or misleading information during the disclosure phase of prenup drafting can result in the entire agreement being invalidated for fraud. 

You should think positively, but realistically into the future, while fully assessing your current lifestyle. Your prenuptial agreement should cover the vital aspects of your life that you want protected if you and your partner separate, specifically dealing with finances, children and other valuable assets.

If you and your spouse create an agreement independently, and even get it notarized, it may still not stand up in court. Even if you think your prenuptial agreement is clear and concise, it is still vital to consult a knowledgeable and skilled attorney.   

For a consultation regarding your prenuptial agreement, feel free to contact the experienced family law attorneys at the Law Offices of Michael B. Brehne.