A prenuptial agreement, or "prenup," is a written contract entered into before marriage that establishes how assets will be divided if the marriage ends in divorce or death. It should include details on dividing property and debts, spousal support, and inheritance. Signing a prenup is recommended if one partner has substantial assets or both wish to protect assets like a business, inheritance, or children from a previous marriage. Both partners must voluntarily sign the prenup in front of witnesses for it to be considered valid.

1. 7 FAQS ABOUT PRENUPTIAL AGREEMENTS

2. What is a Prenuptial Agreement?
A prenuptial agreement, or “prenup,” is a written agreement entered into before
marriage. It establishes what would happen to the assets of both partners in the
event of a divorce. This contract may also lay down the rights to financial support
in case the marriage ends by death or divorce.

3. What Does a Prenup Usually Include?
• Division and ownership of property
• Division and ownership of liabilities
• Spousal support
• Inheritance of property
A prenuptial agreement will typically include the following:

4. Should I Have a Prenuptial Agreement?
• Already have substantial property
or financial assets.
• Own or co-own a business.
• Own your own practice.
• Have a partner with a huge
difference in income.
• Are taking property from a
previous marriage and wish to keep
it separate for the children from
that marriage.
The signing of a prenup is recommended if you:

5. We Do Not Own Much, Should We Still Sign a Prenup?
• Could receive a large inheritance
some point in time.
• Expect a significant increase in your
income in later years.
• Plan to support your spouse
financially through post-secondary
education.
• Have parents whose financial
future you need to secure.
• Have children from a previous
marriage.
• Do not want the courts to decide
the distribution of property and
money in case the marriage ends.
Even if you and your partner do not currently own much, a prenuptial agreement
is recommended if you:

6. What Makes a Valid Prenuptial Agreement?
• It is called an “agreement” because
it requires both parties to
voluntarily sign the contract.
• The agreement must be in writing.
• It must be signed by both parties .
• It must be signed by witnesses.
• It should spell out all assets and
liabilities, which requires both
parties to provide full disclosure.
Here is what makes a valid prenuptial agreement:

7. What is Not Included in a Prenuptial Agreement?
• Determination of child custody,
child visitation rights, or child
support payments.
• Any provision that is beyond the
distribution of property, financial
assets and liabilities.
• Any demands from a spouse in
terms of non-monetary
responsibility.
A prenuptial agreement should not include:
The courts will not recognize these things, even if they are included. Moreover,
you run the risk of the courts invalidating your prenuptial agreement.

8. What Are the Steps to Follow for Making a
Prenuptial Agreement?
• Let your partner know that you are
considering a premarital agreement.
• Make a list of all your assets,
including real estate, savings, shares
and collectables.
• Make a list of all the sources of
income.
• Get an idea of what you are trying to
achieve.
• Request for your partner to make
similar lists.
• Meet an attorney to ensure that you
understand your rights and obtain
legal advice on the prenuptial
agreement you are considering.
• Encourage your partner to hire a
lawyer as well.
Here are the steps to follow in case you are about to get married:

9. Can’t I Make the Prenup Without
Consulting an Attorney?
• You need to understand your rights
• You need to know what to include
or leave out from the agreement
• You would want the agreement to
be held valid by a court and legally
enforceable
• Courts are more likely to uphold
the terms of a prenup that has
been signed by both parties after
understanding their legal rights.
Yes, you can. But it is not recommended.

10. Seeking an Experienced Attorney with a
Personal Approach to Prenuptial Agreements?
Visit: www.ruvololaw.com
Or
Call: 973-993-9960