Prenuptial Agreement

Prenuptial Agreement Forms

A prenuptial agreement or premarital agreement, also referred to as a prenup, is a prenuptial contract defining which assets are separate, which assets will remain separate after marriage and how assets will be distributed in the event of divorce or death, regardless of whether community property or equitable distribution laws apply. Prenuptial agreements are used predominantly by individuals marrying for the second time and wishing to preserve assets for their children from the prior marriage, or individuals who have accumulated substantial assets they do not want to lose in a divorce.

Prenuptial agreements are routinely upheld and enforced by courts in all states, especially with respect to financial matters. Use a prenuptial agreement to limit property rights and alimony in the event of divorce. A pre-nup can also be used as a contact to make a last will, limit probate allowances or act as the executor or administrator of a spouse's estate.

Today, prenuptial contracts are requested by women at approximately the same rate as men.  A marriage is a financial union as well as a physical and emotional union.

Use a prenuptial agreement to protect children from prior marriages, retirement benefits, ERISA rights, inheritance, family trusts, family owned real estate and other assets.

A prenuptial agreement can protect business interests, inheritance, children from previous marriages, retirement accounts, real estate and elderly parents. Though a prenup can address many areas it should not make frivilous demands. A frivolous demand may include a requirement that a party lose weight, keep their hair cut a certain length or dress a certain way. In addition, a prenuptial agreement can not waive rights to child support.

Make sure the prenuptial agreement is in writing and witnessed by a lawyer. Each party should have a lawyer review the prenuptial prior to signing.

Instantly download prenuptial forms compliant with the Uniform Premarital Agreement Act and applicable state laws.


Last Modified: August 2010