A prenuptial agreement is an important legal document which aims to help future spouses protect their property. While some believe prenuptial agreements indicate a lack of faith that a marriage will work, a prenup solely outlines the parties’ finances before marriage. When drafting a prenuptial agreement, it is imperative both parties have their own legal representation to ensure there was no fraud, duress, coercion, or undue influence while the agreement was drafted.
Things that can be included in a prenup are:
· Assets (i.e., retirement, inheritance)
· Property you wish to remain separate
· Family assets/property
· Business interests
It is important to note that child custody and child support cannot be included in a prenuptial agreement, and if you include those provisions, the Court will not enforce them.