Did you know? July is the Unlucky Month for Weddings. If you’re beyond superstition and decide to defeat the odds, make sure at least that you have a prenuptial agreement in place and all of your affairs in order. After all, lucky or unlucky, we do not need to bring up the stats on divorce rate, do we?? Take our advice and consider setting up a prenup, cause it’s better to live in “richer” than in “poorer” once the wedding bells stop ringing.
A prenuptial agreement isn’t pessimism, so much as it is smart business planning. Prenuptial agreements are contracts entered into prior to the marriage that discuss what will happen to each party’s finances in the event the marriage fails. Broaching the subject of a prenup can be tricky, as your future spouse might think you’re betting on the relationship to fail, but it is an important conversation to have in order to protect yourself and your assets. It’s about smart business planning and minimizing risk.
What is a Prenup?
Prenuptial (prenup) agreements are often called “premarital agreements.” This type of private ordering functions as a contract. The contract is entered into by people prior to their marriage or civil union. Prenups can cover a lot of different areas, but the idea is pretty much consistent: protecting your assets in the event of a divorce. Categories of prenups have to do with property division, spousal support, and asset forfeiture. There are also guardianship conditions that can be included, though child support and custody is not modifiable via a prenup. Only a court can determine and modify child support and custody. The reason for this is that what you put in the prenup might not be in the best interests of the child. The best interests of the child takes precedence over whatever private order you might seek.
Five things are required for a prenup to be valid. First, the prenup has to be in writing, Second, the prenup must be voluntarily executed by the parties. Third, at the time of formation, all information has to be fully and fairly disclosed. Fourth, the prenup can’t be unconscionable (which means so unfair that it “shocks the conscience” of the average observer). Lastly, it needs to be notarized the same way that a deed would be. If you meet all of these conditions, you have got yourself a prenup.
How do I get a Prenup?
Prenups are a common asset protection tool of estate planning. Consult an estate planner to see what he or she has to say about organizing the prenup. The planner will ensure that the above elements are met and your prenup is valid. But, remember, a prenup has to be voluntary, so your future spouse must be on board with the idea. Otherwise, the prenup won’t be valid.
Benefits of a Prenup
Your personal and business assets will be protected in the event that your marriage is unsuccessful. You can guard them against forfeiture and division, and you won’t lose what you’ve worked hard for because of your divorce. Should the marriage go south, your business will survive and you won’t get hit hard financially.
Hopefully, this article has encouraged you to have the conversation about prenups. These agreements aren’t a reflection of the strength of your relationship; they’re a reflection of how careful you are about finances, and fiscal responsibility is always a good characteristic to have in a partner. Consult an estate planner to create or update your prenuptial agreement today.