Premarital agreements: Although premarital agreements are often associated with celebrity couples — and their headline-generating divorces — they’re not just for celebrities or billionaires anymore.
If you will bring any significant personal or business assets to your marriage, you can benefit from a prenup. The most basic of these agreements will have a complete list and inventory of your assets you bring to the marriage so that those assets after your divorce will remain your property after your divorce. You can also limit the amount of spousal support you will pay to your spouse after your divorce has concluded.
There are a few issues you cannot include in your prenup. Child support, child custody, and visitation are all areas which cannot be included in a premarital agreement. The reasoning behind this restriction is that child support and other child-related matters, involve the rights of the child as a person, and therefore the parents should not be permitted to negotiate the child’s rights away.
Prenuptial agreements can be a good investment. Because a prenuptial agreement is a legally binding contract, each spouse should be represented by their own attorney when preparing or reviewing the agreement. Not only will an experienced family law attorney be able to advise you on what should and should not be included in your prenuptial agreement, they will also be able to help you identify any potential pitfalls you might face given your particular circumstances.