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Is a prenuptial agreement right for you?

On Behalf of | Dec 7, 2020 | Uncategorized |

Prenuptial agreements can be a good idea if you are getting married to someone and have many assets or just want to protect them against your own debts. It can also be a good idea to have a prenuptial agreement if they are heavily in debt or have many assets of their own that they would like to protect.

Prenuptial agreements aren’t just about assets, though. Prenuptial agreements can also address issues such as property or debt division in the case of a divorce, matters related to any kind of family business and the rights to gifts or inheritances acquired by the other spouse.

What can’t be in a prenuptial agreement?

You should know that prenuptial agreements cannot contain a few different things. Prenuptial agreements cannot address child custody, child support, alimony prior to the finalization of divorce or any kind of matters related to your child’s religious upbringing.

Did you know that prenuptial agreements can be voided in some cases?

In cases where a prenuptial agreement includes information that is not allowed or if the agreement has been signed under duress, it may be completely dismissed in court. Agreements that are unconscionable may also be voided. That could include agreements where a spouse failed to disclose all of their assets or debts, for example.

If you are planning to put together a prenuptial agreement, remember that you should present it to your future spouse with plenty of time for them to take it to an attorney. If your future spouse presents you with one, you should take it to your attorney to have it reviewed as well. If you feel pressured to sign or are given one to sign at the last minute, it is a better idea to avoid doing so. You want to make sure that it is in both of your best interests.

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