If you and your fiancé are creating a prenuptial agreement, you are probably now in the process of considering what you should include. Your prenuptial agreement is only as effective as you make it, so you should take some time to carefully consider what is important to you and what you wish to protect. You should also hire a family law attorney to guide you through this process and ensure you cover all of your bases and do not include anything that may invalidate your marital agreement.
Creating Your Prenuptial Agreement
A prenuptial agreement does not mean you believe your marriage will fail. The day may never come when you will have to use it, but having it in place can provide some reassurances for both you and your spouse that your interests are protected.
Below are some of the items you should consider including in your prenuptial agreement:
- Identify your marital assets and separate assets: A major point of contention in a divorce occurs when spouses disagree on distinguishing marital assets and separate assets, so you can save yourself a lot of time and money by doing so in your prenuptial agreement.
- Protect yourself from debt: If one or both of you is entering the marriage with a substantial amount of debt, a prenuptial agreement can protect you from it. Therefore, your spouse’s debts will not become partially your debts after a divorce.
- Keep family property: If you want to ensure that any family property you bring into the marriage remains in your immediate family, you can do so in your prenuptial agreement. Generally, such items remain as separate property during a divorce, but including it in your prenuptial agreement can ensure it never lands on the chopping block, regardless of what occurs during your marriage.
Although prenuptial agreements can provide substantial protection for your assets and property, they cannot offer any protection with it comes to child support or child custody. All child-related matters are based on their best interests, which is why you cannot include them in your agreement. If you include these items in your prenuptial agreement, the entire document may become unenforceable, so be sure to keep these items out.
Set Up an Initial Consultation with One of Our Knowledgeable Family Law Attorneys Today!
If you are creating a prenuptial agreement, there are some items you should consider including to create a document that adequately protects your interests. At Mitchell & West LLC, our family law team has more than 100 years of collective legal experience, which we will use to help you create a marital agreement that protects your future if your marriage ultimately fails. You can rely on our team to provide the guidance and advice you need.
Reach out to our law office today at (305) 783-3301 to set up a consultation with a trusted member of our legal team and learn more about what we can do for you.