Few topics stir as much curiosity in the realm of family law as prenuptial agreements. These contracts are often associated with celebrities or others with a high net worth, and they may sometimes be viewed solely as instruments used for the purpose of wealth protection. However, prenuptial agreements (which are commonly called “prenups”) can be practical tools for many couples, regardless of each person’s financial standing. They may help to encourage open communication about financial expectations, and they may also help to prevent future disputes by clarifying how assets and debts will be handled if a couple’s marriage ends.

What a Prenuptial Agreement Is

A prenuptial agreement is a written contract created by two people before they get married. A prenup will typically outline how property, finances, and other matters will be managed during the marriage and how assets will be divided in the event of divorce or the death of either party. While the laws governing prenups may vary depending on the state, the fundamental purpose of these agreements remains the same: to establish clear financial arrangements before a couple gets married.

Couples may use prenuptial agreements for a variety of reasons. Some people may wish to protect the assets they have acquired, while others may want to outline responsibilities for debts or ensure that their assets will be used to provide for children from previous relationships. A prenup can also be used to clarify how a business will be handled if a couple’s marriage dissolves, helping to avoid disruption to a company’s operations during a divorce.

Beyond Wealth Protection

It is a misconception that prenuptial agreements are only for the wealthy. In reality, couples in a wide variety of circumstances may benefit from having a prenup in place. For instance, when a person will be entering a marriage with student loans or other personal debts, their partner may want to ensure that they will not be held responsible for those obligations. Similarly, a couple may wish to decide in advance how to handle future earnings, savings, or their family home.

Prenups can also provide peace of mind for a person who is entering a second marriage, especially when one or both partners have children from previous relationships. An agreement can specify how property will be distributed in the event of divorce or the death of a spouse, ensuring that family members will be provided for according to each person’s wishes.

Common Terms Included in a Prenuptial Agreement

Although every prenuptial agreement is unique, several common provisions may appear in these contracts, including:

• Division of Property: A couple may decide whether certain assets will be excluded from marital property or how certain assets will be divided if they choose to get a divorce.
• Debt Responsibility: An agreement may specify which debts each partner will be responsible for during and after the marriage.
• Spousal Support: A couple may make decisions about whether either spouse will receive financial support after divorce, and if so, under what conditions.
• Inheritance Rights: A prenup may work in conjunction with wills or other estate planning documents to determine how property will be distributed if one spouse passes away.

Certain subjects generally cannot be included in a prenuptial agreement. For example, a prenup typically cannot make decisions concerning child custody or child support, as those matters are determined based on the best interests of the child at the time of a couple’s divorce.

The Importance of Full Financial Disclosure

An effective prenuptial agreement generally requires openness and honesty about finances and related issues. State laws typically require both parties to provide each other with a full financial disclosure before signing a prenup. In these disclosures, each person must clearly state their assets, debts, income, and potential future earnings. Without complete transparency, one party might later claim that the agreement was based on incomplete or misleading information, which can undermine its validity. 

As an alternative, one or both parties may choose to waive their right to receive a financial disclosure. Each party may also consult with their own family law attorney, who can provide guidance about the legal and financial issues addressed in a prenup and the risks of waiving a financial disclosure.

A disclosure can help both parties understand the financial landscape of the relationship. The open exchange of information can help prevent misunderstandings about financial expectations. Many couples find that the process of creating a prenup encourages them to have important conversations about money management, mutual financial responsibilities, and long-term goals..

When a Prenuptial Agreement May Be Invalid

There are certain factors that may cause a court to set aside a prenup and choose not to enforce some or all of its terms during a divorce. Some of the most common reasons that a prenuptial agreement may be unenforceable include:

• Lack of Voluntariness: Both parties must voluntarily sign a prenup. If one party was pressured or coerced into signing, the agreement may be considered invalid.
• Unconscionability: Courts may refuse to enforce an agreement that is extremely unfair or one-sided. For instance, if the terms leave one spouse with virtually nothing, it may be viewed as unconscionable.
• Incomplete Disclosure: Failure to fully disclose assets, debts, or income or to include a waiver of disclosure requirements could lead to an agreement being invalidated.
• Changes in Circumstance: In some cases, significant changes that occur after signing a prenup, such as severe illness or unforeseen financial hardship, could affect the agreement’s enforceability in certain jurisdictions.

A Thoughtful Approach to Financial Planning

A prenuptial agreement can serve as a constructive step in relationship planning rather than a signal of mistrust. When prepared thoughtfully, a prenup may help to promote transparency and cooperation, allowing a couple to enter into their marriage with a mutual understanding of their financial situation and their overall goals. A family law attorney can provide guidance on the issues that may need to be addressed when creating a prenup, and they can help ensure that an agreement will meet the proper legal requirements so that it will be valid and enforceable.

Disclaimer: This article provides general information about prenuptial agreements and is not intended as legal advice. The content is for informational purposes only and may not be applicable to every individual situation. For personalized legal guidance, please consult a qualified family law attorney.