Prenuptial Agreements - Better Safe Than Sorry

Prenuptial agreements seem to be the new order of the day where weddings are concerned. They have become more popular ever since famous personalities started having prenups drawn out. There are many reasons why you may want to write up a prenuptial or premarital agreement. The main reason is to protect your property, in case of a divorce or a death. It has become an integral part of the wedding law in some states and many couples opt for it. There are many aspects that you cannot mention in a prenup, which you may be surprised to learn.

The Main Requirements For Making Out A Prenuptial Agreement

There are a few things that you have to follow when making a premarital contract or prenup. The first thing is not to feel appalled to ask your partner to make a prenup. The divorce rate is rising in the country and prenuptial agreements provide both the parties some protection. So, it is advisable for you to make this premarital contract even if you believe that your marriage will never end. After all, it is always better to be safe than sorry!

The prenup is a legally binding contract and has to be made in writing. Oral prenups can be deemed null and void, so they are not sensible to compose. The US Law mentions, that you have to be present personally for the execution of the contract before a public notary. Your attorneys cannot represent you, in this case.

Prenuptial agreements are essentially formulated in order to protect your property, in case of divorce or death. In the agreement, you can prevent your spouse from staking a share in your personal property and you can also state whether any alimony has to be paid or not. The alimony amount can also be decided in advance. These are the main reasons why prenups are important. You can make similar cohabitation agreements, but you should check the laws regarding that.

What You Cannot Put In A Prenup

You cannot add any clause regarding your children. This includes access and custody issues. You can also, not lay down the parenting rules or the religion that your child should follow. Some people think that they can include these in a prenup, but that the above stated is the fact of the matter.

In some cases, you can insert an expiry date to the contract. An automatic expiry date is placed in some states. This is the date of your first child's birth. So, if you are in Maine, for example, your prenup will stand expired as soon as you have your first child.