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Law Offices of John A. Guthrie - Family Law Attorney

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Have you considered a prenuptial agreement?

The perception of prenuptial agreements is that these are insidious documents that few married couples — or, more accurately, soon to be married couples — should even consider. Prenups have a stubborn stigma attached to them. Namely, that they hurt your marriage before it even begins. However, this simply isn’t true upon even the most simple of analyses.

All a prenuptial agreement does is protect the spouses from many of the legal complexities and problems that could arise from a divorce. It isn’t a document that predicts a divorce before it happens, and it shouldn’t impact the love you feel for your husband or wife. Instead, it should act as a protective blanket that makes you feel secure in case a divorce does happen in the future.

With that in mind though, the contents of your prenuptial agreement are very important. What are you allowed to include?

You can discuss a wide variety of issues in your prenuptial agreement, including your estate plan, your family business, any children from a previous relationship, your property (which will be deemed “separate” or “marital”), and the responsibilities of each spouse during the marriage.

However, there are topics you can’t discuss, such as illegal endeavors and information, provisions that would otherwise encourage a divorce, anything that has to do with child custody or child support, and waiving your right to alimony.

If you follow these guidelines and discuss things over with your family law attorney, a prenuptial agreement can be a mutually beneficial contract.

Source: FindLaw, “What Can and Cannot be Included in Prenuptial Agreements,” Accessed Oct. 26, 2017

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