What Should I Include in My Prenuptial Agreement?


If you and your fiancé agreed to create a prenuptial agreement, your next task will be to decide what to include. Given that every couple’s financial situation and needs are different, no two prenuptial agreements are exactly alike. Your assets, debts, any children you may have from a previous relationship, and several other factors should all play a role in determining what is relevant for this important legal document.

A Prenuptial Agreement Checklist

Discussing what to include in your prenuptial agreement will help you and your future spouse develop a greater understanding of what is important to one another. Moreover, it will allow you to hash out many of the most time-consuming issues spouses face during the divorce process during a time when you have each other’s best interests at heart. Despite the stigma attached to these legal documents, creating a prenuptial agreement is one of the most considerate things spouses can do for each other.

Here are some items you might want to consider including in your prenuptial agreement:

  1. Characterize marital and separate property: Although every state has its own laws to characterize the difference between marital and separate property, you can forego hashing this out in court by specifying it in your prenuptial agreement. Doing so will help ensure that your separate property remains separate and protected.
  1. Outline financial plans: If you have concerns about your spending or investment strategies, you can address your financial plans in your prenuptial agreement. For example, you can assign a specific spending allowance or determine how much of your income you will dedicate to a joint or separate bank account. You can also determine who will be responsible for certain bills.
  1. Debts: If you or your finance has a considerable amount of debt, you can ensure that it remains the debtor’s responsibility to pay it and allow the debt-free party to remain as such.
  1. Other children: Prenuptial agreements can also ensure the property rights of children from a previous relationship, so you can always feel confident that their future is secure.
  1. Family inheritance and property: You and your spouse can protect family property, such as real estate and heirlooms, so they remain within the birth family, regardless of the success or failure of your marriage.

You cannot address issues related to child custody or child support in your prenuptial agreement. Any decisions regarding your children must serve their best interests. If you include anything that is deemed unfair or illegal, it can jeopardize the validity of the entire agreement, so be sure to work with an experienced attorney to create an enforceable document.

Get Started on Creating Your Prenuptial Agreement Today!

If you wish to create a prenuptial agreement, you need to work with an experienced attorney to ensure it is effective and protects your interests and future. At Conti Moore Law, PLLC, our family law team has the knowledge and insight necessary to help you with this process.

Reach out to our law office today at (407) 315-2006 to arrange a free consultation with a member of our team!