Why would someone want a prenup?

According to the U.S.Centers for Disease Control and Prevention, the national divorce rate is close to 50 percent for first marriages and even higher for subsequent marriages.Three common reasons for getting a prenup include:Significant assets Consider a prenup if you have accumulated wealth or property prior to your marriage and want those assets protected in the event of a divorce. There are some assets that you may not want to be distributed evenly should there be a divorce, such as family or personal property together, your estate, a small business, your retirement fund, a child's college fund, or an inheritance.Significant debt If you have a lot of debt prior to marriage, a prenup might make sense so that your partner isn't left with an unfair share of it in the event of a divorce. Similarly, if your partner has a high amount of debt, you may want to protect yourself by discussing a prenup with specific provisions for handling the debt should the marriage end in divorce. Dependents Another reason to think about a prenup is if you have dependents that require your support, whether now or perhaps in the future. This includes minor children, or adult children with disabilities, or those for whom you've set up a college fund. Dependents can also include elderly parents if you are, or will be, financially responsible for taking care of them. While a prenup can help retain assets to care for dependents, it cannot outline child care or child support.

Who are LegalZoom’s prenups best for?

LegalZoom’s prenuptial agreement services are best for couples where both parties already agree on most of the terms.This is because the attorney will represent you only(not your partner), and our services do not include negotiation of any prenup terms.After you work with the attorney to create and review the prenup, your partner should engage their own attorney to explain the prenup to them to make sure both parties are comfortable with the final terms.

How can I personalize my prenup?

A prenup can be personalized to lay out plans for important financial issues in your marriage, includingRetirement or education funds that either party may have accumulated before marriage Property that either party owns at the time of marriage Property interests of any children from previous relationships Obligations of spousal support should the marriage dissolve Finances of each party and responsibilities should the couple decide to part ways A provision that one spouse isn't obligated to pay the debts of the other spouse Handling an inheritance Ownership rights in life insurance or disability policies

How does a prenup support you?

A prenup can support you by establishing protections around the assets you acquire before and during your marriage. Prenups can also be used to establish guidance around spousal support in the event of a divorce. Couples can outline different aspects of marital property division as part of their prenuptial agreement, including details about property rights and division, spousal support, wills and trusts, life insurance policies, and certain issues involving children.

How much money should you have to get a prenup?

While many people associate prenups with already wealthy couples, they’re actually quite helpful for any income status. Those with significant assets, business owners, and people with children from previous relationships may find prenups particularly attractive, but, contrary to popular belief, anyone can benefit from having a prenup in place.

How does a prenup protect you?

A prenup offers an array of financial benefits and protections and is a great way to safeguard your assets acquired both before and during your marriage.Couples can include the following provisions regarding marital property division as a part of their prenup agreement:Each party’s rights and obligations regarding property, especially property owned by one party prior to the marriage Division of property if the parties separate or divorce—for example, a beach house that can be rented or leased by one spouse, while the other is still able to vacation there Spousal support modification or elimination, including short-term, long-term, or no payments Wills and trusts and how they might impact the prenup Rights or ownership of life insurance policy benefits Any state laws that will govern the agreement Any other issue that doesn't violate public policy or a criminal statute—for example, where the couple would live or raise their children

How does a prenup help you from taking on the debts of your spouse?

Prenups can help protect you or your future spouse from taking on debts incurred by the other person. This debt could predate your marriage or be incurred during your marriage. Either way, a prenup can help stop one spouse from having to take on the other’s financial issues. Financial matters are often cited as a catalyst for divorce. While you may not be able to predict what your joint bank accounts will look like a few years in the future, a prenup can create a barrier to having to pay off someone else’s debt.A lot can happen in a lifetime. Rather than having the court decide that you will need to divide your marital estate 50-50, a prenup can help keep your financial future sound by ensuring that you have the right to what you have personally earned. As true with debts incurred, a prenup will protect both the assets that you held before your marriage, as well as those acquired during your marriage. That means that if you should earn a dramatically higher income or come into a substantial inheritance, a prenup can help make sure that your cash flow doesn’t end up in spousal support.

What won’t a prenup protect?

There are certain things that a prenup will not dictate. The most common misconception is generally about certain rights regarding children. A prenup does not cover rights regarding the following: Child custody or visitation matters Child support Day-to-day household matters Anything prohibited by the law

Can I write my own prenup?

It is possible to draft a prenup on your own, but be aware that it may be unenforceable if it is determined by a court that certain requirements aren't met.Evidence of technical errors, coercion, and disproportionate terms could invalidate a prenup. In addition, certain states have complicated requirements for prenups. Judges will evaluate a prenup and decide whether it is fair for both parties in the event of a divorce.

What is the purpose of a prenuptial agreement?

Prenups provide protection in a variety of scenarios, including the following:You have significant assets. If you have significant property/wealth, you may not want to equally distribute those assets in the event of a divorce. You have significant debts. If you have significant debts in your own name prior to marriage, the prenup can designate it as premarital debt. Should a divorce occur, the spouse would not be responsible for premarital debt. You have dependents, such as children from a prior marriage or elderly parents. You have a small business. If you have a small business, you may want to make certain that half the business doesn't go to your spouse in case of a divorce. You plan to get additional education. You want to protect family heirlooms or an inheritance. You want to add lifestyle-specific clauses to require or incentivize certain behaviors. For instance, if your spouse engages in drug use, infidelity, gambling, or other harmful behaviors, a clause can be placed in the document to compensate a certain sum to the aggrieved party. These clauses need to be drafted carefully, and depending on the state, there might be some conflict on whether a specific lifestyle clause is enforceable. You have pets. It can become contentious to determine pet "custody". Couples can include provisions regarding pet ownership in prenups in the case of divorce.

What’s the difference between a prenup and a postnup?

Prenups and postnups both serve the same purpose—specifying what happens to money, assets, and even debts if a married couple divorces. The difference is that a prenup is created before a couple marries, whereas a postnup is made after they are already married.

How do I get a prenup in Texas?

The process of getting a prenup in Texas is similar to getting a prenup in other states. A prenup attorney can advise. LegalZoom offers attorney support in Texas part of our prenup services.

How do I get a prenup in California?

The process of getting a prenup in California is similar to getting a prenup in other states. A prenup attorney can advise. LegalZoom offers attorney support in California as part of our prenup services.

How do I get a prenup in Arizona?

The process of getting a prenup in Arizona is similar to getting a prenup in other states. A prenup attorney can advise. LegalZoom offers attorney support in Arizona as part of our prenup services.

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Prenuptial agreements are a smart way to help you and your future spouse live happily ever after—no matter how the story ends. Get attorney support at every step before you walk down the aisle. Complete prenups cost $1,499.

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Includes:

Attorney-drafted prenuptial agreement, customized for you
Representation from an experienced attorney for one partner
Attorney consultations to guide you through the process
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Online portal to message your attorney and track progress
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Have questions? Call (866) 766–5504 for a free discovery call.

Experienced prenuptial agreement attorneys with personalized legal guidance

"I am an experienced attorney specializing in estate planning, asset protection, and succession planning. My goals are always to be a staunch and resourceful advocate for my clients and to help them accomplish all of their personal financial planning goals."

"I’m passionate about providing professional legal services to my clients while simultaneously making the legal process less confusing and stressful for them. My goal is to help clients navigate through both good and difficult times by tailoring my skills, experience, and services to their specific needs and budget."

"Each client I serve comes with a unique need, whether it’s business or personal in nature. My goal and my practice is to ensure that you thoroughly understand every option available to you to best protect your interests."

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Your dedicated attorney will review your information then upload a customized prenup to your account, review it with you, and make revisions if needed. Once you’re happy with your customized prenup, sign and finalize before your big day.

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First comes a prenup, then comes marriage

Adding an affordable prenuptial agreement to the to-dos before your “I dos” can be a smart step.

While you expect your marriage to last forever, prenups provide peace of mind and act as a safety net in case things don’t work out. Prenups help avoid future frustration, detailing your assets, debts, and day-to-day expenses, and explaining what should happen with them if you divorce.

A prenup can be purchased up to one month before your wedding day—but provides peace of mind for much longer.

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What is a prenup?

A prenuptial agreement is a legally binding written contract between you and your fiancé that dictates what will happen to your assets if you decide to end your marriage.

Is a prenup a good idea?

Absolutely! While it may not sound romantic to discuss while you’re planning your wedding, a prenup can help protect both parties’ assets and save you from legal headaches down the road.

What are the benefits?

Besides being a great way to show your partner that you care about their future, prenups are an easy, affordable, and proactive solution to what can be an expensive and time-consuming problem later.

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What does a prenup do?

A prenup gives both parties the chance to set forth what will happen to income and assets if the marriage ends in separation or divorce. A prenup specifies who gets what money, property, and even debts if you ever split up. It can also say whether or how much alimony will be paid. A prenup can cover just about any aspect of your financial life except for child custody and support.

While the enforcement of prenups varies from state to state, there are a few things that you can generally count on:

All assets, accounts, liabilities, sources of income, and any other factors likely to create a shift in financial position must be clearly explained, or at the very least, revealed

Each party should be represented by independent counsel, otherwise there may be significant limitations to the effectiveness of your prenup

The agreement must have been fair at the time the prenuptial agreement was entered into

The prenup may not be enforced if it would impoverish either party

Are prenups good for marriage?

A prenup is a great way to establish intimacy and trust. Before both parties sign a prenup, you have to talk honestly about financial planning and money—what you have, what you owe, and what is important in the future. This sets the stage for openness throughout your marriage, making you better equipped to resolve conflicts and weather tough times. Additionally, you can include a sunset clause in your prenuptial agreement, which means the agreement will only be valid for a predetermined amount of time.

With a prenup in place, you can feel secure about your finances, and if you ever do split up, your divorce is likely to go much more smoothly.

The financial well-being of a marriage can be strengthened ahead of time when a prenup is drawn up and approved by both partners. Remember: marriage is as much a financial and legal union as it is a romantic union. If you’re asking yourself, “Is a prenup a red flag?” consider instead that a prenup may be a respectful way to approach your marriage and future with the person you love.

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