Richard C. Bardi & Associates LLC

Know what you can include in a premarital agreement

A prenuptial agreement is a topic that many people who are engaged don't really want to talk about. Some of them assume that discussing this document means that they assume the marriage will fail. This isn't at all the case. Being able to work out a premarital agreement could mean that the union is stronger than average because you have a mutual understanding about the financial matters before you say "I do."

There are several things that you need to consider if you are going to have a prenup. One of the most important is that you need to know what can be included in the agreement. You should distinguish what is considered marital property and what is considered separate property. Don't think only about things that you have now. Think about possible inheritances that you might receive in the future.

You should also include provisions about the debts that each person has coming into the marriage. This can help to keep you from having to hold responsibility for those debts if the marriage goes south.

There are also some things that you can't include in the premarital agreement. One of the most important is that you can't have provisions for any children that you have with your future spouse. This is because child custody matters have to be decided when the need arises.

Some prenuptials need to have other points in them. It is imperative that you find out what you can include so that you don't have anything that will force the court to throw out the prenup.

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