Share:

When couples are happily planning their wedding, divorce is probably the farthest issue from their minds. However, a prenuptial agreement can provide both parties peace of mind and ease confusion if the marriage does not work out. Here are three stipulations to include in your prenup.

What to Think About When Crafting a Prenuptial Agreement 

1. Division of Separate & Marital Assets

Separate assets refer to property each spouse owned before the marriage, such as inheritances. Meanwhile, marital assets refer to property acquired during the union. If you don't want to leave it up to the court to divide your property, consider specifying in your prenuptial agreement what will and will not be distributed upon divorce.

2. Protection Against Debt

divorceJust as someone may go into the marriage with their own savings, they might also have their own debt for student loans or their car. If you wish, use your prenuptial agreement to state that debt will remain the exclusive responsibility of the debtor and the spouse does not have to assume financial liability. You could also include provisions specifying how marital debt—for example, for the house you own jointly—will be handled.

3. Protection of Estate Plans

If you pass without a will, state law usually dictates a portion of your property falls to your spouse. However, if you declare in a prenuptial agreement that certain property is separate from them, it can negate this automatic transfer. This can help support your estate plan if your wish was for adult children or someone else to receive the inheritance instead. It can also offer stipulations preventing a spouse from changing your estate plan after death. However, this should never be used in replacement of a living trust or will, but as a complementary document.  

 

When you need lawyers who are skilled at handling prenuptial agreements, get in touch with Ronald D. Zipp, Attorney at Law. Located in New Braunfels, TX, this esteemed law firm has been in business for over 40 years. They also provide quality legal services related to family law, criminal law, estate planning, civil litigation, and divorce. Visit their website to know more about their areas of practice or call (830) 629-5600 to schedule a free initial consultation.

tracking