A prenuptial agreement is a legal contract entered into by two individuals before they get married.
It outlines each person’s assets, properties, income, and debts that are separately owned prior to marriage, as well as how they should be handled in the event of separation, divorce, or death of a spouse. It can also cover businesses, investments, inheritances, and spousal support (alimony). Usually, the agreement becomes effective upon a couple’s legal separation or divorce. Wealthy and famous individuals commonly use prenuptial agreements. However, they can also be used by any couple who wishes to manage their assets responsibly, whether they are married or separated.
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A prenuptial agreement can also be referred to as a premarital agreement, marriage contract, antenuptial agreement, or prenup.
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The prenuptial agreement may be voided due to three main reasons. First, it may be considered invalid if one or both parties fail to disclose all their significant assets. It may also be void if the agreement was not signed under the state’s requirements, as each state has its own signing regulations. Finally, it may be considered invalid if one party was coerced into signing the agreement. However, this would require proof, such as video or audio recordings or written communication.
This article will address the benefits of the contract, how to use a template for a prenuptial agreement, and its primary elements. We have provided free printable templates in MS Word and PDF formats for your convenience.
Significance of a Prenup Agreement
Owing to the stigma associated with a prenuptial agreement, most people are usually hesitant to sign it. This is because people assume if their partner is requesting a prenup, they believe a separation or divorce is bound to happen. They may also believe their partner is greedy with what they own or does not trust whoever they are marrying.
However, a significant advantage of the agreement is that it encourages open discussion about your financial situation prior to marriage. For example, you may be surprised to learn that you are partially responsible for repaying a large debt your spouse concealed while you were engaged. With the agreement, you can easily navigate such challenging topics, thus promoting mutual understanding and open communication.
Next, it fosters reconciliation regarding financial expectations and potential marriage dissolution. By clarifying financial intentions prior to marriage, you and your partner can avoid misunderstandings that often lead to marital discord. Finally, the agreement allows each party to dictate its terms. This helps protect both of you while ensuring its legal enforceability, which may be required in some states. Although a prenup protects your assets, it does not mean you will not have shared assets as a couple. You can build a fulfilling life with your spouse while protecting both of your individual interests.
Free Templates
What is a Prenuptial Agreement Template?
A prenuptial agreement template, customized to your specific requirements, is a legally binding document you and your partner create before getting married.
It contains tailored clauses that outline financial responsibilities in the event of separation, divorce, or death of a spouse. It typically covers debts and assets, including properties, income, businesses, investments, and inheritances. With a template, you can effectively outline how financial obligations will be handled. This promotes clarity and fairness in the relationship while protecting each party’s individual interests.
Key Components of a Prenuptial Agreement
The specific elements of the agreement may vary from state to state. However, they include standard clauses that outline asset division and financial responsibilities.
Discussed below are the essential components of a template for a prenuptial agreement:
Parties
The first section of the template typically identifies the parties (you and your co-parent) entering the agreement. This includes your full legal names, physical addresses, and whether you have been married before. It may also include pertinent identifying details, such as social security numbers or government-issued identification, to analyze the parties further. If either party has children from a previous relationship, it should also be disclosed in this section. This information should be accurately captured to ensure the legal enforceability of the agreement.
Ownership and division of property
The template contains a clause specifying how your assets will be classified, whether as separate/non-marital or marital property. Separate or non-marital property is regarded as property owned by each party prior to marriage. It can include assets, inheritance, gifts, or compensation acquired individually before marriage or after separation.
On the other hand, marital property is regarded as shared assets that belong equally to each partner, such as income or assets acquired during marriage or separate property that has been combined with marital property. The template also outlines how these assets will be divided during divorce, separation, or death of a spouse. In most cases, the property will be divided by percentages, for instance, 50% to either party. It can also be divided according to state law, and if you cannot decide on how best to divide the property, a judge will do so on your behalf.
Business ownership
If one party started a business before marriage, the other party may be entitled to half of the business’s increased value during the marriage. The template has a clause designating a business’s ownership and financial status before marriage as separate or shared property. It also details how the business and its assets will be managed and valued. In the case of a separation, divorce, or dissolution of marriage, this clause determines whether the business owner will retain sole ownership of the business or share it with the other party.
Debts and taxes
The template has a clause covering existing debts or loans and those acquired prior to marriage. It allows you to detail how debts will be divided and repaid in the event of separation or divorce.
Debts, loans, or financial obligations owed by either party before the marriage can be treated as:
- Each party’s separate debt,
- Each party’s debt, with some exceptions, or
- Both parties shared marital debt.
Like property, debt can be divided by percentages, for example, 50% to the first party and 50% to the second, or according to state law. A judge may also determine the division if you cannot agree on how to divide debt.
This section also outlines how tax liabilities will be handled during marriage and upon dissolution. Conventionally, when filing taxes, you can file “Married Filing Separately” or “Married Filing Jointly.” Even though you pay fewer taxes when filing jointly, it exposes you to maximum liability if your spouse has undeclared earnings or tax debts.
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Both parties should disclose all their income, assets, and debt before signing the prenup unless the couple authorizes a waiver. A court may consider the agreement void if either party fails to do so.
Each party should share their financial information, including bank statements, credit card balances, retirement accounts, and any outstanding debts or loans. You may also attach information regarding your net worth, income, assets, liabilities, holdings, and debts.
Financial management
This section of the template allows you and your partner to make future financial plans and determine how to spend your money. For example, you may agree to contribute a fixed amount of money to a joint bank account after a certain period of time. You may also set aside a fixed amount for regular expenditure, such as rent, food, transport, clothing, or child care. This section can also determine whether combined household costs, such as a mortgage, would be paid from separate or joint bank accounts.
Savings and retirement plans
The template allows you and your partner to determine how you will invest and save for your future. This section clarifies how contributions made from joint or separate income to investments or savings and retirement accounts during marriage will be handled in the event of separation, divorce, or dissolution. This may involve creating a Qualified Domestic Relations Order (QDRO) for dividing retirement accounts.
Alimony or spousal support
This section of the template specifies whether or not the financially disadvantaged partner will receive any alimony or spousal support in the event of separation or divorce. It outlines which spouse will pay alimony, the amount to be paid, payment method, frequency, terms, and duration of payments, as well as the conditions for termination.
Since state laws differ as to whether a spouse can waive the right to receive alimony or spousal support, certain factors may be considered while determining alimony. In most cases, a court will not enforce the agreement if it severely disadvantages one party, even if they voluntarily signed it.
Children from the previous relationship
The template has a section addressing custody and support arrangements of children from previous marriages or relationships. If one partner has children from a prior relationship, you can outline whether one or both parties are obligated to support their respective children.
You can also outline how assets and property intended for the children from previous relationships will be managed and protected. This includes provisions for inheritance and life insurance. You may also address under what circumstances will child support obligations be modified or terminated, such as when a child reaches a certain age or completes their education. You cannot use a prenuptial agreement for unborn children from a new marriage.
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Child support, visitation rights, and custody arrangements should not be included in a prenuptial agreement. These are determined in separate agreements or administered by a local court.
Inheritance rights
Once married, your spouse is basically entitled to half of your assets. However, this section of the template allows you to limit their inheritance rights if you want to distribute a set amount to another party, such as children, other family members, or a charitable organization.
You may also specify whether to protect or waive inheritance rights in this section. Even if a will exists, this helps clarify and strengthen expectations, avoiding costly legal battles that may drain the estate. This helps prevent stress, as the allocation of assets can become highly complex and controversial.
Infidelity clause
While not always necessary, the template may include an infidelity clause. If one party discovers that their spouse is involved in an extramarital affair, they may compensate the affected party financially. This clause is usually uncommon, as most governments are hesitant to implement it because it is usually challenging to prove infidelity in a court. Consult a family law professional to ensure you utilize the proper phrasing when including this section in the agreement.
Waiver of rights
In this section, you and your partner may acknowledge and voluntarily waive certain marital rights the agreement may affect. This should be done without coercion to ensure the agreement’s legal validity. Should any disagreement be brought before a court, the judge may consider not only the terms of the agreement but also the circumstances under which specific rights were waived. Before waiving any rights, however, it is vital to have a family law expert evaluate them.
Disability and death
This section of the template allows you and your partner to outline how financial issues and inheritance rights will be handled if either of you becomes incapacitated or dies. This may also include assisting the other party if they become disabled. It may also specify the rights of one spouse to remain in the marital residence if the other spouse dies.
Dispute resolution
The template may include provisions for dispute resolution. These may consist of court litigation or Alternative Dispute Resolution (ADR) methods, including arbitration and mediation. ADR methods involve employing an unbiased third party (mediator or arbitrator) to assist with negotiations in order to reach an amicable conclusion. It is important to note that by choosing ADR methods, you waive your right to take the matter to court and agree to accept the arbitrator’s judgment as final and legally enforceable.
Date and signatures
The final section of the template includes blank spaces for your signatures. This should be followed by your full legal names, as well as the actual date when both parties sign the agreement. In this section, you may also specify the state laws that the agreement will follow. For example, if you marry in Alabama, the agreement will be governed by Alabama law in case of a dispute. It is advisable to sign the agreement at least 30 days prior to the wedding or civil union date. Furthermore, each party should retain original signed copies for their records.
Notary acknowledgment
Even though the requirements may vary from state to state, the agreement may need to be signed in the presence of a witness or public notary. A public notary validates the authenticity of the information provided in the agreement and both parties’ signatures. They will then affix a seal to the document, deeming it effective and legally enforceable. Notarization adds an extra layer of protection to the document, ensuring neither party can go against its terms.
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In the US, certain states are community property states, meaning that assets are divided equally in the event of separation or divorce. These are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. However, a prenuptial agreement typically supersedes these regulations if a couple has one.
How to Use a Template
A template offers a convenient yet practical approach to drafting a prenuptial agreement. However, it is essential to be mindful of your jurisdiction’s requirements regarding family law.
Below is a step-by-step guide on how to use it:
Choose the right template
The first step to drafting a prenup is finding a template that best suits your needs. You may download one from this website or ask your lawyer to provide one. Ensure it is in a customizable format and aligns with your specific requirements.
Review and understand the template
Next, thoroughly review the template and familiarize yourself with its contents. Ensure it is up-to-date and valid in your specific state. Take note of any sections or clauses that may require additional customization to address unique situations.
Customize the template
Tailor the template to cater to your specific circumstances. In the editable fields, include your full name, physical address, and pertinent identifying information. Make necessary changes and additions, ensuring it reflects your agreements on finances, assets, debts, and other relevant issues.
Seek legal advice
While drafting the document, consult a qualified family law attorney specializing in prenuptial agreements. They can provide legal guidance, ensuring your rights and interests are protected. They can also help ensure compliance with local and state laws, addressing potential shortcomings or oversights along the way.
Negotiate with your partner
Hold an open and honest discussion with your future spouse about the terms contained in the template. This ensures both parties’ expectations and perspectives are included in the agreement. It also helps foster mutual understanding and prevent disagreements.
Review and revise
Thoroughly review the agreement with your attorney before signing it. Ensure the clauses and terms are clear, well-defined, and with no ambiguities. Make the necessary revisions or adjustments to ensure clarity and accuracy.
File the agreement
Depending on state or local requirements, you may need to file the agreement with the court or relevant government agency. When the agreement is appropriately filed, it is less likely to be challenged on the grounds of fraud, coercion, or lack of disclosure. Check with your attorney or local authorities to determine if you need to file the agreement.
Putting It All Together
A prenuptial agreement plays a crucial role in safeguarding your financial interests and assets prior to marriage. While some may regard it as a precautionary measure against potential divorce, a well-drafted prenup can foster open communication and financial transparency in marriage. The agreement allows you to establish financial expectations, manage asset and debt split in the event of divorce, and create provisions for various circumstances such as spousal support and protection of children from past relationships.
Using a template can streamline the process of creating a legally enforceable prenuptial agreement tailored to your unique financial circumstances and requirements. It provides a structured framework for ensuring that critical components of the agreement are included. Since most of the vital information is already included, a template can save you time while helping you draft a clear, comprehensive, and legally sound agreement. These resources are highly customizable and, when combined with professional legal advice, can help you establish financial security and peace of mind as you start a new chapter of your life as a married couple.
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