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Each state has its own laws regarding prenuptial agreements. While some states will recognize your prenup under valid contract law others will want to make sure the agreement follows their law and does not violate public policy.
While it is certainly not the most romantic part of your wedding planning, any unwed couple can elect to form a prenuptial agreement not only to protect what they have prior to the marriage, or in some cases, protect any future assets they should acquire during the marriage.
You can keep your finances separate: Without a prenuptial agreement, even a separate bank account will be considered marital property in a divorce. You can keep your finances truly separate with a prenuptial agreement.
The answer is: it depends. For the majority of the 2.5 million couples tying the knot in 2022 (the most since 1984, according to The Wedding Report), the answer is no. Specifically, for those not previously married and without docHub personal or family assets, a prenup may not be necessary.
Unreasonable Terms Prenuptial agreements cant include terms that are considered unconscionable at the time it was signed. This includes provisions that unfairly indulge one spouse or excessively penalize one spouse. For instance, clauses relating to fidelity or infidelity are generally not enforceable.
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If a will contradicts the terms of a prenup, the heirs may have grounds to legally contest the validity of the will, and the courts will determine which document is enforceable when the terms contradict each other. The terms of a prenup are still enforceable in the event one spouse dies.
For it to be valid, both parties must disclose all of their existing financial and property information, outlining all assets, including real estate, stocks, and retirement accounts, as well as all debts, including student loans, car loans, and credit cards.
These types of assets can include savings, stock options, personal property (car, house, jewelry, etc.), and promised holdings (inheritances, retirement, etc.). In addition to financial securities, debts must also be disclosed within premarital assets (even though a debt isnt generally considered an asset).
Prenuptial agreements generally provide that some or all of the assets and liabilities that each spouse brings into the marriage will be treated as their own separate assets or obligations.
Also, many people are unaware that, even if you or your spouse (or both) enter a marriage with no assets, future assets obtained during the marriage can be self-defined as well with a prenuptial agreement.

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