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Prenuptial Agreements

What Is a Prenuptial Agreement?

 Prenuptial agreements are legally binding written contracts that you and your fiancée sign before you are married to set forth what happens with your income and assets if the marriage doesn’t work out.

Should you have one?

 It depends. Young marrieds, just starting out, with few assets, no children and who don’t own any businesses usually do not need them. Remember there are other laws such as divorce, property and estate laws which also govern how things are divided and if you are just starting out, they will probably be sufficient.

What type of things are covered?

Income, assets, alimony, and even debts. The only area that tends not to be enforceable is any condition related to child custody or support.

What are the general requirements for an agreement to be valid?

 1. Full disclosure of each party’s income and assets. which in some states, like New Jersey, must be annexed to the document itself.

2. Each party must be represented by their own independent counsel.

3. The agreement must be fair when it was entered.

4. Each party must have entered the agreement voluntarily. 

Can we change or get out of the agreement once it is signed?

  You can usually change it in writing signed by both parties. You can even include a clause in the original that it expires after a certain period of time.

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