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clients often come to me and ask me Im getting married should I get a prenuptial agreement what is the prenuptial agreement a prenuptial agreement is essentially a contract that governs the terms of how things will occur if the party seek a divorce a prenuptial agreement essentially discusses five items the first is the distribution of marital assets the second is how liabilities of their marriage will be handled the third is the custody of the children in the event that you do have children in the marriage the physical and the legal custody the fourth is the child support for those children and the fifth is spousal maintenance in the event that you are divorced its very important that if youre thinking of getting married to consult with an attorney to see if a prenuptial agreement is something that you should consider