Law Office of Daniel E. Forrest, P.A.

How do you know if a prenuptial agreement is right for you? First, you need to understand what a prenuptial agreement will do for you.

Some of the positive things a prenuptial agreement can do for you include being able to document your property and the property your spouse owns before you get married, so you have an idea of the assets both of you brought into your marriage. It can show which of your assets are community property and which assets are marital property, making it easier to split property in a divorce.

Your prenuptial agreement details any arrangements you make with your spouse. For instance, if you both agree to split a banking account in the case of divorce, then that can be put into the agreement. If you decide to make a clause about what happens if someone commits adultery, that can be included, too.

You can also assign debt in a prenuptial agreement. For example, if you have student loans, they technically could become marital debt. In your prenuptial agreement, you could take responsibility for that debt, so it doesn't end up affecting the other party.

There are some cons to a prenuptial agreement; there could be state laws that already cover what you want to cover in a prenuptial agreement, or you may feel that a prenuptial agreement isn't romantic or that the timing isn't right. Fortunately, even if a prenuptial agreement doesn't seem right for you before marriage, a post nuptial agreement can be created later by reaching out to your attorney.

Source: FindLaw, "How to Determine if a Prenuptial Agreement is Right for You," accessed Aug. 04, 2016

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