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What things can a prenuptial agreement cover?

In all the excitement and preparation leading up to the wedding day, it can be easy to lose track of some of the small things that should be sorted out prior to tying the knot. One of those things is sitting down to work out the details of a prenuptial agreement. True, it's not as romantic as picking out the color of the bridesmaids' dresses, but a prenup can circumvent a huge number of possible expenses and issues in the future in case the relationship ends.

There is typically a lot of confusion surrounding prenups. One of the basic aspects is what they can include:

  • Debt collection agencies can go after your marital property, regardless of which partner incurred the debt. A prenup can keep your debts separate so you're not responsible for debt you didn't create.
  • If you want to ensure that your children from other relationships can inherit your property, a prenup can lay out the parameters.
  • A prenup can name individual items, like businesses and heirlooms, to be protected in the case of a split.
  • Prenups can lay out each person's responsibility within the marriage, including things like who will manage the finances and how to settle disagreements.
  • Of course, prenups can also detail how to divide property and assets equitably, saving a nasty fight or a protracted court battle if the marriage ever dissolves.

Speaking with a family attorney before the ceremony might be your best bet to sort out these little issues before they become big issues.

Source: findlaw.com, "What Can and Cannot be Included in Prenuptial Agreements," retrieved May 16, 2015

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Victoria S. Linder Law Office
5303 Folsom Boulevard
Sacramento, CA 95819

Phone: 916-905-4805
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