Prenuptial Agreement

In some states, a prenuptial agreement is recognized. A prenuptial agreement is an agreement made between the two parties prior to the marriage that can determine the outcome of property distribution and other issues, in the event of a divorce. A prenuptial agreement can never contain child custody information, child support information, and visitation information. In the states where the prenuptial agreement is recognizable, the agreement will usually stand firm in the court proceedings. In a state where prenuptial agreements are not recognizable, they are not worth the paper that they are written on; however, in the event of a divorce in one state where the agreements are not recognized, but the parties lived in a state that recognized prenuptial agreements at the time the agreement was made, sometimes the state that is handling the divorce will recognize the law of the other state where the agreement was made. A prenuptial agreement can be made between the two parties and signed in front of a notary public, making it legally binding in states where it is recognized. A prenuptial agreement, at best, helps to take some of the risk out of a marriage by providing a peace of mind to the parties that are involved.

Fast Facts

  • At least 25 states and the District of Columbia have adopted the UPAA or the Uniform Premarital Agreement Act that defines the terms of premarital agreements.

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