If you are planning on getting married and decided to create a prenuptial agreement with your fiancé, you should take some time to carefully consider what belongs in this important legal document. Your prenuptial agreement will only be as effective as you make it, so we put together a list of items you might want to include in your marital agreement.
Creating a Prenuptial Agreement
Although prenuptial agreements might not seem terribly romantic, creating one is one of the most responsible steps you can take as a couple. It does not mean you lack faith in your future marriage, but rather that you would like to safeguard each other’s future in case happily ever after comes to an end. Having a prenuptial agreement in place will save you time, money, and a lot of unnecessary heartache.
Here are some protections you should consider including in your prenuptial agreement:
- If you or your fiancé has a considerable amount of debt, you should put some protections in place that will ensure it stays with the original debtor.
- If you own a business, you should protect it to prevent your spouse from gaining control in the event of a divorce.
- Without a prenuptial agreement, your property and assets will be divided according to state law. In Massachusetts, property and assets are divided equitably.
- If you have children from a previous relationship, you can put certain safeguards in place to protect their rights to your property.
- Money is a big problem for a lot of couples. In your prenuptial agreement, you can address your future financial plans, including retirement and investment strategies.
To ensure your prenuptial agreement is enforceable, you must not include any child-related matters, such as those pertaining to child custody or child support. Consult with your attorney to find out what other topics may be deemed unfair or illegal in a prenuptial agreement.
Reach Out to Our Knowledgeable Family Law Team for the Assistance You Need
Prenuptial agreements can help protect both parties in the event of a divorce. With this important document in place, you and your spouse can avoid fighting over property and assets, allowing you to begin the next chapter in your life sooner and with fewer headaches. At Barach Law Group LLC, our family law team is committed to helping individuals plan and protect their future. We understand how unpredictable life is and how important it is to be prepared for anything.