Thursday, June 5, 2008

The Basics of Prenuptial Agreements

By Cristi Trusler

A prenuptial agreement is no longer just for the wealthy. Today, folks of all economic backgrounds and in all situations are deciding to legally clarify their rights and responsibilities before they get married. It can also clarify in advance how property and assets will be divided should the couple decide to divorce.

We should start with a definition. What is a prenup? It is written agreement that a couple signs before their marriage. If death or divorce separates the couple, then the prenup states the rights of the properties of the couple or their legal heirs. It addresses both assets and liabilities.

All types of people realize the benefits of using a prenup and therefore they have started using it. It is not meant for wealthy people alone anymore.

Prenups give rights of the assets to the children of the couple as well. If a spouse dies, the children of the deceased spouse will have the rights to the assets and properties. It will also prevent the surviving spouse from taking control of all the assets.

Prenuptial agreements also clarify financial rights and responsibilities during the marriage. If one partner has significant debt, a prenuptial agreement can protect the other partner by releasing him or her of the responsibility of the debt incurred before marriage.

Prenuptial agreements can also help couples separate more amicably and with less stress should they divorce. While there are still a few states that won't allow a spouse to give up rights to alimony (sometimes called spousal maintenance) a prenuptial agreement can address whether or not the spouse will receive alimony.

A prenuptial agreement can benefit anyone, and does not indicate that you and your spouse are not fully committed to honoring your marriage vows! On the contrary, a prenup allows the couple to spell out what they expect from each other financially, and creates a more harmonious union with fewer conflicts, now and in the future.

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