Prenuptial agreements were introduced decades ago as a way for people to protect their property upon entering into a marriage. Although there are often negative connotations surrounding this type of legal document, it can benefit both spouses to specify their economic responsibilities to each other in the case of an unfortunate split. However, these agreements can be difficult to enforce without being properly drafted by an attorney. Here is a closer look at what a prenuptial agreement entails.

A Couple’s Guide to Prenuptial Agreements 

What Makes a Prenuptial Agreement Valid?                            

For a prenuptial agreement to be considered enforceable in court, it must be in writing and both parties must have freely agreed to the terms. Additionally, it must be drafted in accordance with state laws and deemed reasonable by a judge. An attorney will be able to advise you how your state's regulations may impact your goals.

What Is Included in Prenuptial Agreements? 

Prenuptial agreements are intended to govern the division of assets in the event a marriage fails. Spouses plan how to divide marital property and assets, whether or not one partner will pay spousal support and for how long, how marital debts will be divided, and how assets should be distributed if either spouse were to pass away during the course of the marriage. An attorney can help you decide if there is anything else you need to add.

Why Should You Consider a Postnuptial Agreement?

Postnuptial agreements carry many of the same benefits as prenups, allowing a couple to agree on asset and responsibility divisions in the event of death. That way, the proceedings do not have to carry on as long or as painfully. Additionally, prenups and postnups are important to consider as proactive measures in your estate planning process. 

Like any legal document, both parties should fully understand their prenuptial or postnuptial agreement before signing. Therefore, it is in your best interest to consult a lawyer like David R. Webb, Attorney at Law to cut through the jargon and also make suggestions based on his 30 years of experience. Based in Lincoln, NE, his goal is to help residents safeguard their finances from the effects of a divorce. Call (402) 477-7577 to schedule a consultation or visit his website for more information on the various family law services he provides.