Richard C. Bardi & Associates LLC

Prenuptial agreements must protect both parties

Anyone who is thinking of getting married needs to learn a bit about prenuptial agreements, so they can determine whether they need to enter into one or not. There are several things that you can include in the agreement, but there are also several that can't. It is imperative that you learn these, so you can do what's best.

One important thing to remember when you are creating a prenuptial agreement is that it doesn't have to do only with assets. The agreement is useful if one spouse is coming into the union with considerable debts, such as student loans. The terms of the agreement can note that those loans will only be the responsibility of the original loan holder.

You can also discuss inheritances that you expect to receive in the future. This ensures that you can keep these assets in the family. If you already have children, you can include terms to protect them in the prenuptial agreement.

One thing that you can't ever include in a prenuptial agreement is child custody terms. This is because the decision about what happens in this area is fully dependent upon what is best for the children. You can't decide this ahead of time. You also can't include child support terms in a prenuptial agreement.

You must ensure that you discuss the premarital agreement well in advance of the wedding so that your future spouse has time to consider the terms and to discuss the matter with their own legal counsel. Think carefully about what terms you want to include, so you can determine whether they are legally acceptable or not.

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