Learn the Basics of Prenuptial Agreements

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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.

In a nutshell, a prenuptial agreement is a written contract created by a couple before they are married. It usually lists the assets and debts of both parties, and also states what each person’s property rights will be after the marriage ends, either through divorce or death.

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.

Just because you and your spouse are considering a prenuptial agreement, it doesn’t mean that you aren’t both strongly committed to your marriage. In fact, it can mean just the opposite. It can create a stronger marriage with fewer conflicts both now and in the future by spelling out exactly what is expected of each one of you financially.

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