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How prenuptial agreement save couples from headaches


The sad reality about marriage in the United States is that approximately half will ultimately end in divorce. This is typically the last thing on a newly engaged couple's mind as they plan a wedding. Couples on the eve of a wedding should be thinking about a venue and theme, guest lists, table settings and food. And a honeymoon. But the possibility of divorce and a prenuptial agreement, commonly called a prenup?

It may begin as an awkward conversation, but for forward-looking couples who want to protect themselves and plan ahead for at least the remote possibility of a divorce, it could save them time, headaches and money down the road if the marriage does fail and end in divorce. So what can be included in a prenup?

Prenuptial agreements are generally created to come to an agreement between future spouses on how finances will be handled in the event of a divorce. They are not to be used for personal decisions such as chores, child rearing decisions, or aspects of the children including child support or child custody. They should not include any waivers to one's alimony. A judge may dismiss an entire prenuptial agreement as frivolous if it includes non-financial matters.

Instead, a prenuptial agreement should be used to establish financial responsibilities in a marriage including business decisions, retirement, tax return decisions, joint bank and savings accounts, credit card and weekly spending, and property division in the event of a divorce or death of a spouse. It may also establish what is maritial and separate property, and may even be used to determine where family property goes, including children from outside the marriage. A prenuptial agreement may be a difficult subject to bring up prior to a wedding, but it could be incredibly helpful to have, if things turn sour and a divorce is on the horizon.


Source: Findlaw.com, "What Can and Cannot be Included in Prenuptial Agreements," Accessed on Dec. 28, 2015

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