Free Prenuptial Agreement


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Frequently Asked Questions
What is a Prenuptial Agreement?A Prenuptial Agreement sorts out current and future financial and property issues before marriage. In general, it sets out who the parties are, describes their current property and debt, and explains how all current and prospective property will be dealt with in the event of a breakup.

This Agreement also deals with issues such as spousal support, inheritance, and dependent children.
Can I create a prenup if I'm already married?Prenuptial Agreements are contracts that are executed before marriage to specify how to divide current and future property in the event of a breakup. You cannot create a Prenuptial Agreement after you are married, but you can create a Postnuptial Agreement. A Postnuptial Agreement is similar to a prenup but may offer less asset protection because once you are married, many of your assets could already be considered marital property.What if the parties do not live in the same state?If the parties currently reside in different states, then you should choose the state where both parties will live after marriage (e.g., If one party resides in California, and the other party resides in Arizona, and both will reside in California after marriage, then select California).

However, if neither party currently resides in the state they will live in after marriage, then you can select either state (e.g., If one party resides in California, and the other party resides in Arizona, and both will reside in Florida after marriage, then select either Arizona or California).

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Prenuptial Agreement

Alternate Names:

A Prenuptial Agreement is also known as:

  • Premarital Agreement
  • Antenuptial Agreement
  • Marriage Contract
  • Prenup

What is a Prenuptial Agreement?

A Prenuptial Agreement (or prenup) is a contract that you and your future husband or wife create prior to becoming legally married.

It dictates the financial responsibilities of each party and legally divides the monetary obligations of each spouse upon separation or death. Prenuptial Agreements include terms such as division of properties, spousal support, and estate planning to protect the assets of each spouse, both during and after a legal relationship.

For individuals who want to protect themselves but who will not be legally married, Cohabitation Agreements or Common-Law Agreements can serve as a solution.

What does a prenup cover?

Prenuptial Agreements are used to protect any personal assets in the case of divorce, separation or death by creating personalized terms as opposed to the terms governed by law.

Who should have a prenup?

Prenuptial Agreements are generally recommended if you:

  • Have personal assets that you wish to separate from any shared assets with your future husband or wife
  • Would like to protect a personal inheritance, business, or investment
  • Have children from a previous relationship
  • Would like to avoid any conflict or confusion in the event of a divorce, separation, or death of a spouse

What can I include in a Prenuptial Agreement?

Prenuptial Agreements generally cover any and all financial matters. This includes division of properties, income, businesses, investments, inheritances, and other similar assets. Prenups can also cover aspects of alimony/spousal support.

They cannot include terms regarding child custody, child visitation, or child support for existing or future children.

What will void a prenup?

Prenuptial Agreements are invalid if:

  • There was a failure to disclose all assets
  • There is evidence of fraud
  • There is evidence of duress or unfairness
  • It includes content that is illegal or against public policy
  • It was signed involuntarily
  • It includes content that is perceived to promote divorce

Related Documents:

  • Cohabitation or Common Law Agreement: offers financial terms to couples who have decided not to marry but who want to protect their personal assets
  • Roommate Agreement: used to divide expenses such as rent and utilities between roommates
  • Last Will and Testament: ensures that you have control over your asset division in the event of your death. Your Will should be updated shortly after any major life event, such as a marriage or separation
  • Separation Agreement: a contract that will allow you and your spouse to divide your assets, properties, and debts, and to agree on custody and visitation arrangements prior to your divorce judgement

Related Articles:

Frequently Asked Questions:

Prenuptial Agreement FAQ
Prenuptial Agreement Sample


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