If you asked a divorce attorney how many clients thought they'd end their marriage someday, the answer would probably be none. This is precisely why if you asked how many engaged couples should sign a prenup, the answer may be all of them. Life is unpredictable, and a prenuptial agreement can protect your financial security. Are you still on the fence? Perhaps learning more about these legally binding contracts will convince you. 

What Is a Prenup?

A prenuptial agreement is a contract that couples sign before getting married. Its terms can address both their existing financial situation and their anticipated earnings or inheritances. In the event of a divorce, clarifying the rights and responsibilities of both parties in advance will streamline the proceedings considerably—and protect both of them if it comes time to divide assets and debts. 

Those who can benefit most from signing a prenup include individuals who have children from prior relationships, people who have amassed considerable wealth (or come from a wealthy family), and ones who want to avoid a contentious divorce. You may sign a prenup if your spouse has a lot of debt or you plan on pursuing a career that has the potential to be lucrative. Examples include those in the medical profession who might still be in school and those who work in the entertainment industry. 

How Do They Work?

A prenup is like any other contract in that its terms must be unambiguous and legally binding. Additionally, both parties must enter into it willingly and without coercion in good faith. Finally, the arrangements it includes must be conscionable and reasonable. That means one party cannot claim 99% of the couple’s marital assets. Even if both parties agree to the division, a family law judge may see such an arrangement as unfair. 

To ensure your prenup will hold up in court, ask a divorce attorney to review it before signing. Your future spouse should also have a lawyer—albeit a different one—review the document. This will ensure the document is unbiased and protects both your interests. If you do get divorced someday, you will simply refer to the prenup when it comes time to negotiate for a settlement. As long as the terms are still valid, a judge will sign off on them. 

What Can a Prenuptial Agreement Include?

A divorce attorney will ensure your prenup does not overlook anything, as this document can address a lot. In it, you can state how premarital tangible and intangible assets and debts will be divided; whether trusts, gifts, and inheritances will be shared; whether alimony will be warranted; and whether children from prior relationships are entitled to any assets. 

When you’re ready to draft a prenuptial agreement, turn to The Law Office of Jeffrey A. Robertson, P.C., in Warrenton, MO. This firm is backed by more than three decades of experience in law. Led by Jeffrey Robertson, a seasoned divorce attorney, they help clients resolve various legal issues. Visit their website to explore all their practice areas, including elder law, criminal defense, and adoption. To request a consultation, call (636) 528-5220.