Although it is hard to think about the end of a marriage before it even begins, it may be important to consider ways to protect your assets just in case a divorce happens a few years down the road. One way a person can protect themselves is through a prenuptial agreement. When you make the decision to create a prenuptial agreement, it is important that you take the required steps to make sure it is valid.
When you create a prenuptial agreement, it is important that you use it to protect your assets. Your prenuptial agreement should detail what property is considered “separate” and not to be included in the equitable distribution process. In addition, if you own a business, you should take measures within the agreement to protect your business. You should determine how the marital debts will be distributed and whether you will have a spousal support agreement in place. There are a lot of general provisions to be included in a prenuptial agreement but some people also choose to include more obscure factors, such as who gets the family pet or a possible fine for any marital infidelity.
In order to make sure that the prenuptial agreement is binding and valid, you have to make sure it is complete and signed prior to the marriage. In addition, it is required that the agreement is written, voluntary, signed by both parties, notarized, and fair. The prenuptial agreement must also include a complete financial disclosure.
Another option, though perhaps more difficult to accomplish, is to ask your spouse to sign a postnuptial agreement. This is simply the same document after the vows are exchanged. If you need assistance creating a pre or postnuptial agreement, contact an experienced attorney today.