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Prenuptial Agreement

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A Prenuptial Agreement or Premarital Agreement, also referred to as a "prenup" or "prenupt", 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 who have accumulated substantial assets or marrying for the second time and wishing to preserve assets for their children from the prior marriage.

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 prenuptial can also be used as a contract to make a last will and testament, 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 Prenuptial Agreement can protect business interests, inheritance, children from previous marriages, retirement accounts, real estate and elderly parents. Though a prenuptial agreement can address many areas and interests, it should not make frivolous demands. An example of a frivolous demand would include requirements to lose weight, keep hair cut to 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.

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