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A prenuptial agreement is a contract signed voluntarily between two parties who intend to marry. In this agreement, special arrangements and specifications are made regarding each party's assets. A prenuptial agreement is used by couples who are entering a marriage and intend to keep their pre-existing assets solely in their possession. Should the couple later choose to divorce, the assets of the parties will be protected from seizure or division by the other. When two people marry and do not have a prenuptial agreement, if a divorce is sought later, the assets are divided equally or as ordered by a judge. If one party had several assets, such as a house, car and land, while the other spouse had no assets, after the divorce ruling, the spouse who previously owned nothing could be awarded one or more of those assets held by the other spouse.

To avoid an undesirable division of assets in the event of a divorce, one party may elect to propose a prenuptial agreement. Any signed and written agreement is considered binding, but for the sake of fully protecting assets, the party desiring the agreement should contact an attorney to draw up the legal forms. There are sometimes exclusions and other specifications that must be listed in a prenuptial agreement for certain things that require a solid agreement; without solidity, the agreement may be permeable for the other spouse to manipulate and obtain belongings. Some couples choose to enter into a civil union instead of formal marriage; prenuptial agreements are binding in these unions also.

Prenuptial agreements may include specific instructions about most things, but there are several items that are not allowed to be included. Illegal provisions, those that contribute to the event of a divorce and custody of children are all things that are not allowed to be placed in a prenuptial agreement. Some states do allow specifications to be made about alimony in the event of divorce. Contrary to popular belief, wealthy individuals are not the only type who use these agreements. Prenuptial agreements may be used by anyone who feels they have possessions of value that they want to be protected. Considered a preventative measure merely in protecting one's own assets, a prenuptial agreement is not a tool for creating division or harsh feelings. Couples are encouraged to use these agreements before getting married and consulting an attorney to assist in document preparation.

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Related Questions

How does one set up a prenuptial agreement?

There are several ways a person can set up a prenuptial agreement. A prenuptial agreement can be set up with an attorney. The prenuptial agreement must be written and signed by both parties.


Can you modify a prenuptial agreement after getting married?

Yes, a postnuptial agreement can be created after marriage to modify the terms of a prenuptial agreement.


If you sign a Prenuptial agreement do you have to pay your husband child support order?

If you sign a prenuptial agreement then you are legally bound by that agreement. What did you agree to?


Is it possible to add a prenuptial agreement after marriage?

No, a prenuptial agreement is a legal contract that is signed before marriage to outline the division of assets in case of divorce. Once married, a postnuptial agreement can be created, but it is not the same as a prenuptial agreement.


Is it possible to obtain a prenuptial agreement after marriage?

No, a prenuptial agreement is a legal contract that is signed before marriage to outline the division of assets in case of divorce. Once married, a postnuptial agreement can be created, but it is not the same as a prenuptial agreement.


Is a prenuptial agreement binding if it is not signed?

No, a prenuptial agreement is not binding if it is not signed. Of course, I'm not a lawyer. So, if you are in a situation where you are questioning whether or not you signed a prenuptial agreement and whether or not it is binding, please consult a real lawyer!


Can you get a prenuptial agreement with a K1 visa?

Yes, it is possible to get a prenuptial agreement with a K1 visa, but it is important to consult with a legal professional to ensure that the agreement is valid and enforceable.


Can a prenuptial agreement be revoked?

Yes.


How long do you need to be married to void your prenuptial agreement?

The length of the marriage is not the operative factor in voiding a prenuptial agreement. It depends on the terms of the agreement and whether it is upheld by a court if challenged.The length of the marriage is not the operative factor in voiding a prenuptial agreement. It depends on the terms of the agreement and whether it is upheld by a court if challenged.The length of the marriage is not the operative factor in voiding a prenuptial agreement. It depends on the terms of the agreement and whether it is upheld by a court if challenged.The length of the marriage is not the operative factor in voiding a prenuptial agreement. It depends on the terms of the agreement and whether it is upheld by a court if challenged.


Can you get a prenuptial agreement in different State other than your residency?

A prenuptial agreement is between the two individuals and they have their own reasons so they can go to a lawyer in any State to have the prenuptial drawn up.


Is there statute of limitations on prenuptial agreement?

A prenuptial agreement is a contract between a married couple. As such, actions resulting from the breach will be limited by the civil limitations. The agreement itself never expires.


Is it possible to create a prenuptial agreement after marriage?

No, a prenuptial agreement is a legal contract that is created before marriage to outline the division of assets in the event of divorce. After marriage, a similar agreement is called a postnuptial agreement.