What Should You Include in Your Prenup?

A prenuptial agreement, or "prenup," is a legal document that outlines financial rights and responsibilities before marriage. While many couples view it as a safeguard in case of divorce, it also serves as a tool for financial transparency. Including the right provisions can prevent future disputes and provide peace of mind.

Assets and Debts Brought into the Marriage

Each spouse typically enters a marriage with personal assets and liabilities. A prenup should clearly define what belongs to each person before the marriage and whether those assets will remain separate or become shared property. This section also accounts for debts, ensuring one spouse is not held responsible for the other's financial obligations.

Property Division in Case of Divorce

While state laws determine how property is divided in a divorce, a prenup allows couples to set their own terms. This can include real estate, business interests, investments, and any other assets acquired during the marriage. Establishing these terms in advance can prevent lengthy legal battles and ensure a fair outcome.

Spousal Support and Financial Responsibilities

A prenup can outline whether either spouse will receive alimony if the marriage ends. It can also establish financial expectations during the marriage, such as how expenses will be shared, whether one spouse will support the other, and how savings or retirement contributions will be handled. Having these details in writing can help maintain financial stability.

Inheritance and Estate Planning Considerations

If one or both spouses have children from previous relationships, a prenup can protect their inheritance rights. It can also clarify how certain assets will be distributed in the event of death. This ensures that family members and beneficiaries receive their intended share without legal disputes.

A well-structured prenuptial agreement sets clear expectations and protects both spouses from potential financial conflicts. By addressing key issues such as asset division, spousal support, and inheritance, couples can confidently enter marriage. Working with a family law attorney can help ensure the agreement is legally enforceable and reflects both parties’ intentions.

For assistance with creating a fair and legally sound prenuptial agreement, contact the Law Offices of Anny Leon PLLC in Jacksonville, Florida.