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What Do Prenuptial Agreements Protect?
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Oct 2007
With one in three marriages ending in divorce, many are choosing to negotiate and sign prenuptial agreements. A prenuptial agreement is akin to a business contract between two parties; matters such as division (should death or divorce occur) of financial and personal assets, custody of children, division of property are all addressed within the document. Those who consider a prenuptial agreement may own a business, have substantial assets including inheritance, have children from previous relationship, and/or may have the potential to see income increase over the duration of the marriage (i.e. a doctor or entrepreneur).
A prenuptial agreement, where properly negotiated, can protect:
- Retirement or education funds that either party may have accumulated before marriage
- Division of property that either party owns at time of marriage
- Property interests of any children from previous relationships
- Obligations of spousal support should marriage dissolve
- Direction of education and religious instruction of children borne from marriage
- Finances of each party
- Against obligation to pay the other party's debts
- Inheritance
- Ownership rights in life insurance or disability policies
Prenuptial agreements can not be used to:
- Determine custodial arrangements of children
- Define matters of support of children
- Determine who has the right to marital home, or the right to sell same if marriage dissolves
- Define any personal matters such as relationships with family
If you intend on entering into a prenuptial agreement, do so as early as possible prior to marriage - this insures that neither party is surprised by the nature of the agreement. Hopefully you and your spouse will live happily ever after...
Most Viewed in Prenuptials
Comments
Submitted by on Feb 15, 2010 - 2:31PM
I am interested in finding out whether a prenup would protect the woman I plan on marrying from my past debts to the IRS.
I am in the middle of negotiations with the IRS and plan on resolving our differences, however, in the event we do not see eye to eye, I need to be assured that they won't be able to put a lean on, or levy anything that she owns, just because she married me. (She owns the house and the car and has some money put aside for retirement).
Submitted by on Sep 18, 2010 - 7:26PM
How long does it take to have one of your prenups drawn up, how much does it cost and do we have it filed with the court when we get married or before. We want to get married on 10/25/10 so please respond asap!!!
Thank you
Submitted by on Oct 7, 2010 - 12:52PM
Hi Kelly, and thanks for your interest! Give us a call (1-800-773-0888, 7am-6pm PST, M-F) or send us an email (psinfo@legalzoom.com) if you have questions about our Prenuptial Services, and we'll gladly address your concerns.
Submitted by on Oct 7, 2010 - 12:53PM
Hi Kelly, and thanks for your interest! Give us a call (1-800-773-0888, 7am-6pm PST, M-F) or send us an email (psinfo@legalzoom.com) if you have questions about our Prenuptial Services, and we'll gladly address your concerns.
Submitted by on Feb 24, 2011 - 11:00PM
How long does prenuptial process take?cost? Filing with court/s details?We are in California.Do we file before or after ceremony? Marriage date is 05/07/2011. Thanks for your response ASAP.
Submitted by on Mar 8, 2012 - 12:57PM
I need a prenup that protects me from having my income including with my spouse when it comes to child support of a child that is not mine.
Submitted by on May 9, 2012 - 10:10AM
Hi Pachie - Thanks for contacting LegalZoom. We would be happy to get you in touch with a prenuptial attorney to discuss your needs and potentially help you draft this document. Feel free to visit http://www.legalzoom.com/prenuptial/prenuptial-overview.html to sign up for your free evaluation.
Submitted by on Jun 6, 2012 - 1:46PM
My X-husband left me as beneficary of his life insurance, we divorced 1 yr ago. In our prenup is states:life insurance is maintained for the term of marriage, or twenty years, whichever time is shorter. Is this insurance mine?? I live in Calif.
Submitted by on Jun 22, 2012 - 1:59PM
Hi Susan - While LegalZoom makes creating legal documents easy and affordable, we cannot give specific legal advice on whether you would have rights to your ex's insurance. However, we may be able to help you find an attorney who can assist and advise you through our Legal Advantage Plus plan! Please visit https://www.legalzoom.com/attorneys-lawyers/legal-plans/personal.html for more details.
Submitted by on Aug 31, 2012 - 5:45AM
do prenuptuals protect a man and all his assets if a marriage breaks down? my boyfriend is divorced and frightened of getting married agaiin to me in case i take what is his and "rip him off" like his ex wife did so i am prepared to sign a prenupt if this will stand in a cout of law and protect him - just want to put his mind at rest! He seems to think they do not. I understand his predicament however am hurt by being tarnished with the same brush! please advise
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