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What You Can and Cannot Do With a Prenuptial Agreement

Prenuptial Agreements, or prenups, have many benefits but it is important to know what they can and cannot be used for. If your goals include any of the following, a prenup may be exactly what you need:

  • Keeping your finances separate when married
  • Protecting yourself and your spouse from each other's debts
  • Providing for any children you may have from a prior marriage
  • Keeping property in your birth family
  • Making terms if a divorce were to happen in the future
  • Clarifying the responsibilities in the marriage regarding finances

One of the main uses for a prenup is protection of the unknown. There is so much uncertainty in life and many people find relief in having regulations in place if something were to happen. If you want to have terms and conditions laid out regarding property division, spousal support and debt division if you and your spouse were to divorce, a prenup can help. At the same time, this agreement cannot make terms for the custody of your children if you get a divorce. Other things that a prenup cannot do include:

  • Forego the right to alimony
  • Encourage the event of divorce
  • Set rules for matters not regarding finances in the marriage
  • Place restrictions on child support and visitation

If your goal is to place regulations on who cleans the house or what pets you will have, a prenuptial agreement will not help you. Also, encouraging a divorce means that if the prenup appears to offer an incentive for divorce for a certain party, it may not be approved. Prenuptial agreements are helpful and have many benefits. If you have questions about whether or not a prenup is helpful for you, feel free to discuss your case with an Orange County family law lawyer. The Law Offices of Marc E. Mitzner offers a free case evaluation so call today to get started with your prenuptial agreement.