5/1/11

Prenuptial Agreement 101

By Marcus Smith


If you are getting married or thinking about getting married you may have given some thought to a prenuptial agreement. Prenuptial agreements are considered to be a bad legal weapon with all the media attention they get in the lives of the wealthy and famous. In fact, a prenuptial is a tool that should be considered by any couple that is considering getting married. A good prenuptial can provide protection for both parties involved.

A prenuptial agreement is also is referred to as a prenup or prenupt. What exactly is a prenuptial agreement? A prenuptial is a contract between an engaged couple prior to marriage. A prenup provides for an agreed upon distribution of assets if the marriage ends in divorce. Usually, couples enter into prenuptial agreements to fix their rights to assets before, during after the marriage.

As a general rule a prenuptial can not address issues that are illegal, unfair, child custody, child support or child visitation. A prenuptial may address how much alimony is paid and how real and personal property should be divided.

Who should have a prenuptial? Prenuptial agreements should be consider when: One or both of the parties has a significant amount of assets; when one or both owns a business; when one of the parties is in a lot of debt, when one of the party's income is a considerably larger than the other. A prenuptial can also used to protect and provide financial security for less affluent spouse.

In making the decision about a prenuptial you should always consult with an attorney that practice in the area. it is important that both parties understand that a prenuptial is not bad thing but a tool that can make a divorce a lot smoother in the event it take place.




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