Wednesday, August 6, 2008

What You Need to Know About 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.

If you don't already know, a prenup is a written agreement that a couple signs before they get married. If the marriage ends in divorce or death, the prenup states what each person's property rights will be after the marriage ends. It usually lists the debts and assets of both parties.

People in numerous situations are beginning to see the positive benefits of a prenuptial agreement. It's no longer limited to the wealthy.

Couples who are blending families may find a prenup particularly useful, as it will allow them to pass on property and assets to their children while still providing for each other. In this particular case, a prenuptial agreement prevents all property and assets passing to the surviving spouse, and protects the children of the deceased spouse.

A prenup clearly states the financial rights of each party during the marriage. Consider the situation where one spouse has significant debt. If a spouse is has debts before marriage, the other spouse will not be responsible for those debts.

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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