Prenuptial Agreement: What It Is And Who Needs It

Categories: Divorce & Family Law


A prenuptial agreement, also known as a prenup, is a formal document made by two individuals before they marry. In the case of a divorce or separation, this document specifies how the couple’s possessions and obligations will be divided. Prenuptial agreements do not have to remove the romance from a relationship; instead, couples should look at them as a financial planning tool for the unknown. Signing or drafting an agreement does not automatically mean a couple expects the marriage to fail, but it will protect both parties in the event something does go wrong in the future.

While prenuptial agreements have historically been associated with the affluent, they can be beneficial to anyone who wishes to safeguard their financial interests.

What is a Prenuptial Agreement?

A prenuptial agreement is a formal document that spells out how assets and obligations will be split during a divorce or separation. This agreement can address a broad variety of financial problems, such as:

  • Property Division: A prenuptial agreement can specify how property, including real estate, personal belongings, and investments, will be divided in the divorce process.
  • Spousal Support: The agreement can also outline whether one spouse will be required to pay spousal support and, if so, how much and for how long.
  • Debt Division: A prenup can specify how any outstanding debts will be divided between the spouses, including credit card debt, student loans, and mortgages.
  • Inheritance: The agreement can also specify how inheritance or gifts received during the marriage will be handled.

Who Needs a Prenuptial Agreement?

Prenuptial agreements can be beneficial for a variety of individuals and couples, including:

  • High-net-worth Individuals: A prenuptial agreement can be used to safeguard one or both spouses’ major assets in the case of a high net worth divorce.
  • Individuals with Children from Previous Relationships: A prenuptial agreement can help ensure that assets are distributed as desired during a divorce, particularly if one partner has children from a previous relationship.
  • Couples with Significant Income Disparities: If one partner earns significantly more than the other, a prenuptial agreement can help ensure that the less-earning partner is not left financially vulnerable after a divorce.
  • Spouses who Have Given Up Something Significant for the Marriage: Prenuptial agreements do not only safeguard financial assets; they can also protect the interests of one of the spouses who gives up something for the relationship, such as a job to relocate or quitting a career to stay home with children. A prenuptial agreement can ensure that the sacrificing spouse receives alimony or some form of financial compensation for their sacrifice.
  • Individuals who have Excessive Debt: With the growing averages of credit card debt and student loans in the United States, it is not unusual for one of the parties to have excessive debts. Bringing those debts into the marriage can create complications later on. A prenuptial agreement will clearly state which party is responsible for those debts.
  • Spouses with a Specific Asset they Need to Protect: Prenuptial agreements may be used when one spouse receives a big inheritance and wants to protect the funds in case of a divorce. A business owner should also have a prenuptial agreement that protects company assets from their spouse—especially if there is a significant increase in the company’s value during the marriage. Also, the prenuptial agreement can address any intellectual property rights of the business.

Benefits of a Prenuptial Agreement

There are several benefits to having a prenuptial agreement, including:

  • Protection of Assets: A prenuptial agreement can help protect assets that were acquired prior to the marriage as well as any assets that are acquired during the marriage.
  • Clarity: A prenuptial agreement can provide clarity regarding the division of assets, debts, and spousal support, which can reduce the likelihood of disputes and legal battles during a divorce.
  • Control: A prenuptial agreement allows the couple to have greater control over how their assets and debts will be divided, rather than leaving these decisions to the court.
  • Peace of Mind: Knowing that there is a prenuptial agreement in place can provide peace of mind and reduce anxiety about the future.

How to Create a Prenuptial Agreement

To create a prenuptial agreement, both partners should consult with their attorneys. Each partner’s attorney can help ensure that the agreement is fair and legally binding. The agreement should be created well in advance of the wedding, and both partners should have ample time to review it and make any necessary changes.

For a prenuptial agreement to be enforceable, it must meet certain requirements, including:

  • It must be written down and signed by both sides.
  • Both parties must reveal all of their assets, obligations, and revenue.
  • Both sides must have been able to confer with their attorneys.
  • The agreement cannot be unconscionable or grossly unfair to one party.

A prenuptial agreement is a formal document that spells out how assets and obligations will be split during a divorce or separation. While prenuptial agreements have traditionally been associated with the wealthy, they can be useful for anyone who wants to protect their financial interests. The benefits of a prenuptial agreement include asset protection, clarity, control, and peace of mind. Creating a prenuptial agreement requires both partners to consult with their attorneys at Romanowski Law Offices, fully disclose their assets, and ensure that the agreement is fair and legally binding.