Is a Premartial Agreement Right for Me?

By Samuel Enright

One of the most unromantic subjects that you could ever bring up around your fiance is the subject of prenuptial agreements. However, despite the initial upset reaction you may receive, prenups may be a subject you really need to approach with them. We recommend you continue reading this article to find out if a prenuptial agreement is right for your situation.

A prenup (or as it is also known, a prenuptial agreement) is a legally binding contract that states the disposition instructions for your property before you enter into marriage. Or more simply put, if you end up in divorce, the prenup states who will get what in reference to personal property.

Now that we have defined what a prenuptial agreement is, why would we need one? There are several reasons. The main one, and the one you are most likely to have already thought about, is that one future spouse is significantly wealthier than the other future spouse.

Another reason a prenup may be best for you is if you have children from a previous marriage. In this case, you may have certain items that you would prefer go to your children. This is usually used when a large potential inheritance may be at stake.

Yet another reason for getting a prenuptial agreement is to insulate yourself from your future spouses debt. We don't feel that you should become legally liable for someone else's debt when you were not the one to help incur it.

The last reason some people choose a prenuptial is to cover themselves in case their marriage does fail. By deciding up front who will receive what, it takes a lot of the hurt and angry feelings out of the equation.

While these are four good reasons to get a prenuptial agreement, it is important to note that a prenup cannot deal with issues of child custody. Furthermore, a couple cannot use a prenupt to specify child support, nor can it legally address visitation rights. Only the court can make these decisions.

In conclusion, there are numerous reasons why someone would want to get a prenupt. Just remember, it does not show a lack of faith in your relationship. All it does is simply put both fiancees minds at rest if the worst should ever happen and the marriage fails.

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