Richard C. Bardi & Associates LLC

Prenups can go beyond only basic asset assignment

A prenuptial agreement protects both individuals from losing out on the assets they deserve and from having to pay for debts that aren't theirs in the event of a divorce. Developing a prenup that is enforceable doesn't have to be a mystifying process. You just need to know what you can include and what you can't.

On the basic side of these agreements, you can include information about who gets which assets if there is a divorce. This is a good way to ensure that inheritances and similar ones are protected. You can also include information about debts, such as student loan debts that each spouse had coming into the marriage.

You can also include information about your genetic material. This is useful if you think that you will have to store sperm or eggs to assist with infertility issues. What happens to those if you go through a divorce can be outlined in the prenuptial agreement.

Another point to include is what will happen with the pets. According to the law, pets are property, so there might be a lengthy court battle over them. Outlining who is going to get the pets can reduce the stress you go through if the marriage does end.

You can also cover things like intellectual property, business interests and sentimental items. Essentially, anything that you feel a strong emotional attachment to can be part of the prenuptial agreement, so you don't have to worry about what's going to happen to them.

Once you have it all in place, you must present it and get it signed in accordance with the law. The goal is to have it classified as enforceable if you ever have to call the terms into effect because your marriage ends.

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