澳洲幸运5官方开奖结果体彩网

Prenuptial Agreement: What It Is and How It Works

A couple with an engagement ring

madisonwi / Getty Images

Definition

A prenuptial agreement (prenup) is a contract that's signed by an engaged couple before they get married. 

What Is a Prenuptial Agreement?

A prenuptial agreement is a type of contract created by two people before they enter into marriage. This contract could outline each party's responsibilities and property rights for the duration of the marriage. More commonly, prenuptial agreements outline terms and conditions associated with dividing up financial assets and responsibilities 澳洲幸运5官方开奖结果体彩网:if the marriage dissolves.

Key Takeaways

  • An engaged couple signs a prenuptial agreement (prenup) before they get married.
  • The agreement usually covers what will happen if the couple divorces.
  • 50% of Americans would be willing to sign a prenup, according to a poll.

Understanding Prenuptial Agreements

Prenuptial agreements have always been a controversial topic for couples. Media portrayals of prenuptial agreements show them as devices that celebrities and other similar high-澳洲幸运5官方开奖结果体彩网:net worth ind𝄹ivi༺duals use in order to cap the amount of wealth that an ex-spouse can claim.

However, when carefully🔜 plann🍨ed and used correctly, a prenuptial agreement can be a fair way of disbursing assets and responsibilities.

Reasons to Sign a Prenup

Reasons for entering into these agreements vary, though wealthier spouses typically initiate prenuptial agreements to 澳洲幸运5官方开奖结果体彩网:protect property. In addition, older couples may each want such an agreement because they may have assets or retirement income to preserve and protect, and may want to see that children from prior marriages are awarded part of their estate.

Prenups can be a source of contention for 🌼c🌜ouples, especially if one partner has much more wealth than the other. A percentage of prenups wind up in court when the marriage dissolves.

Important

A judge will be asked to decide whether the agreement was fair and not coerced. Courts generally take a dim view of prenups that are sprung on a spouse on or near the wedding day. 

A prenup generally contains a listing of each partner's individual assets, some indication of which individual assets will remain the property of each spouse in the event of a divorce, guidelines on how property acquired during the marriage will be divided in a divorce, language on responsibility for debts acquired before and during the marriage, and some outline of spousal support such as alimony should the marriage end.

Whether a prenup makes divorce easier or quicker is an open question. If one spouse asks the court to invalidate the prenup, that can open long🍸 and costly litigation. On the other hand, an uncontested prenup means less discovery of items listed in the agreement and, therefore, less acrimony. This means the court and attorneys will have less to do.

How Common Are Prenups?

About one in five married couples has a prenuptial agreement, according to a 2023 Harris Poll survey conducted for Axios.

Are Prenups Popular?

According to Axios's 2023 Harris Poll survey, about one in two adults is willing to sign a prenup.

Is Signing a Prenup a Red Flag?

No, signing a prenuptial agreement is🍸 not inherently a red flag. In fact, it may be a sign that a couಞple has an unusually strong bond and communication skills, as the document requires patience, dialogue, and planning to complete.

What States Don't Honor Prenups?

All 50 states honor prenups. However, the laws regulating them do vary from one state to the next. So if you move states, make sure you know what that means for your prenuptial agreement. If your prenup doesn't include a choice of law provision (governing law), then a court could decide to use your new state's laws in any hearing, rather than the state in which you made the agreement. That's why it may be wise to ask an attorney about including a choice of law provision in your prenup.

The Bottom Line

A prenup can be contentious, but it doesn't have to be. If you approach it with a sense of purpose and calm, the process will go smoother. It's important to have open communication with your partner, and to take the time to plan out what each person wants and needs from the agreement. This isn't something you can do in one night: it takes a lot of thinking and discussion. You might go through several versions of the document before you land on the final draft. Take your time.

Article Sources
Investopedia requires writers to use primary sources to support their work. These include white papers, government data, original reporting, and interviews with industry experts. We also reference original research from other reputable publishers where appropriate. You can learn more about the standards we follow in producing accurate, unbiased content in our editorial policy.
  1. Axios. "."

  2. Cornell Law School. "."

Related Articles