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Pre-Nuptial Agreements

A prenuptial agreement is a contract between two people intending to marry that is entered into before the wedding ceremony takes place. This contract can lay out what will happen to assets and income belonging to you and your spouse in the regrettable event that a marriage ends, whether due to divorce, separation or death. Most notably, a prenuptial agreement can safeguard the status of individual property. Separate property can remain separate and not fall victim to community property or equitable distribution laws at a marriage's end.

There are many causes for the steady gains in popularity of prenuptial agreements. At present, individuals put all their energy into their careers at an early age and choose to marry later in life, after property and financial worth have already been acquired. Prenuptial agreements are also commonly established when one partner would like his or her separately owned property to go to children from a former marriage.

The benefits provided by prenuptial agreements can't be over-emphasized. Everyone has heard legendary divorce horror stories, the divorces of most couples do not even end up in court. It's estimated that only around 5% of divorces turn into an ugly court battle. Why then would you and your spouse-to-be benefit from a prenuptial agreement?

The answer is simple. Even without going to court, divorces can be extremely expensive. While at the beginning of every marriage, most believe in the communion of love between two people, most frequently overlook the fact that entering a marriage is also agreeing to a communion of property. Interestingly, if a marriage ends, property held between the two people is everyone's first concern.

If not anticipated with good planning beforehand, the process of deciding who gets what is a painstaking problem involving a great deal of time, money, and headaches to resolve. Attorneys can charge an average of $200 an hour to solve these issues for you. Invest a little time and energy up front and you stand to save a tremendous amount of money and hassle later.

A prenuptial agreement primarily benefits couples who want to keep their property separate and free from court-ordered distribution in the event of a divorce. Any type of property, such as a house, car, stock holdings, bank accounts, business ownership interests, and various personal possessions can be included in the prenuptial agreement. Additionally, debts can be considered separate property. In keeping debts separate, one spouse will not be required to pay off the debts of the other spouse should the marriage breaks up.

For more information on prenuptial agreements, visit our partner, LegalZoom. Here, you'll find a free, online legal library providing useful information and resources you need when considering a prenup. The Law Library Topics provide general prenuptial agreement information, and FAQs answer some of the most common questions people ask. These features, combined with the Glossary and Useful Resources, allow you to make sure your decisions about prenuptial agreements are informed ones.

LegalZoom is not a lawfirm and can only provide self-help services at your specific direction. Information contained above is subject to change and is not applicable to every state. Visit LegalZoom.com for specific state-by state-documents.

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