Hoge Partners, PLLC

Prenuptial agreements can only include specific points

Prenuptial agreements can provide protections for both parties. It is imperative that both adults take the time to ensure that they are aware of what the agreement states. They must ensure that they are only including valid points in the agreement.

One of the primary considerations that must be included in the premarital agreement is who gets what property. Any major purchases must be covered. There are state laws that apply to property division, but these laws can be put aside in order to comply with the terms of the prenuptial agreement. For this reason, you must ensure that you are fully prepared to handle the ramifications of the prenuptial agreement if the marriage does end.

Another thing that you can include in the prenup is provisions for children that you had coming into the marriage. Including terms for their inheritance ensures that they aren't going to walk away empty-handed if something happens to you. It also protects their inheritance if you do go through a divorce.

While you can use the prenuptial agreement to protect the inheritance of your children, you can't include any information about child custody matters in the agreement. There isn't a way that you can know what is best for children when you make the agreement. You can only know what is in their best interests at the time the divorce occurs.

Before you sign the agreement, make sure that you fully understand the terms. You can't be rushed into signing the agreement, so don't feel that you need to hurry. Being rushed into the agreement may invalidate the entire thing. This is why it is so important to ensure that everything is in order before you sign the document.

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