As the old saying goes, “love is blind.” But before tying the knot, it`s important to consider the possibility of a separation or divorce down the road. That`s where a prenuptial agreement (also known as a prenup) comes in.
A prenup is a legally binding contract that outlines how assets and liabilities will be divided in the event of a divorce or separation. It can cover a wide range of issues, such as property, spousal support, and even pet custody.
But what does the law say about prenups? Here`s a brief overview of the legal aspects of prenuptial agreements.
Enforceability
First and foremost, it`s important to note that prenuptial agreements are not automatically enforceable. In order for a prenup to be legally binding, it must meet certain requirements.
One requirement is that both parties must enter into the agreement voluntarily and with a full understanding of its terms. This means that the agreement must be signed well before the wedding date, and both parties must have had an opportunity to review and discuss the terms with their attorneys.
Additionally, the prenup must not be unconscionable. This means that the terms of the agreement must not be so one-sided that they are fundamentally unfair to one party.
Finally, the prenup must be entered into with full disclosure of each party`s assets and debts. If a party fails to disclose all of their assets or debts, the prenup may be invalid.
What can be included in a prenup?
Prenuptial agreements can cover a variety of issues, including:
– Property division: A prenup can specify how property will be divided in the event of a divorce or separation.
– Spousal support: A prenup can establish whether one spouse will pay spousal support (also known as alimony) to the other in the event of a divorce.
– Business interests: If one or both parties own a business, a prenup can protect those interests in the event of a divorce.
– Inheritance: If one or both parties expect to inherit assets in the future, a prenup can specify how those assets will be treated in the event of a divorce.
What cannot be included in a prenup?
While prenuptial agreements can cover a wide range of issues, there are some things that cannot be included in a prenup. For example:
– Child support: Prenuptial agreements cannot determine child support obligations, as these are determined by state law and are based on the best interests of the child.
– Child custody: Similarly, prenups cannot determine child custody arrangements, as these are also determined by state law and are based on the best interests of the child.
– Illegal or unethical provisions: Prenups cannot include provisions that are illegal or unethical, such as a provision that would encourage one party to commit a crime.
In conclusion, if you`re considering a prenuptial agreement, it`s important to consult with an experienced attorney who can help ensure that the agreement meets all legal requirements and protects your rights and interests. While a prenup may not be the most romantic aspect of wedding planning, it can provide peace of mind and financial protection in the event of a divorce.