Sample of What's Included in a Prenuptial Agreement

A prenuptial agreement form may vary from state to state and have different provisions that may or may not be applicable to a couple's specific situation.

However, a common place to look is in an Internet search. Another possibility is getting a book that has a prenuptial agreement sample or prenuptial agreement template to consult. The best resource would be a sample from an attorney in the parties' state with experience at writing prenuptial agreements.

Some Common Provisions

Despite the fact that certain terms may not appear in one couple's prenuptial agreement, there are a few common provisions that tend to show up in prenuptial agreements. Some examples are:

Instructions on the division of property in the event of divorce
Classifications of particular property as separate or marital under the relevant state law
Sunset provisions: this says that the prenup expires after a certain time period such as after a certain number of years of marriage or the birth of a child
Choice of law provisions: this states the law that will govern interpretation of the prenup & is very important since the laws governing prenuptial agreements vary from state to state
Statements concerning a party's inheritance rights if the other dies
Statements concerning spousal support in the event of divorce
The effect of events such as adultery on the property division and availability of spousal support, inheritance rights, etc.

Above all else, the prenuptial agreement form should be as detailed as possible. If particular details are not mentioned, state law may create a result that neither party is satisfied with such as the automatic expiration of the agreement.

Formalities

Following the proper formalities is critical in order to have an enforceable agreement. For instance, a prenuptial agreement usually has to be in writing as well as signed before a notary public before a court will recognize it. Not following these basic formalities will cause the court to declare the prenuptial agreement invalid and unenforceable, meaning that everyone concerned will have wasted their time in creating it.

While a prenuptial agreement template will be helpful, the agreement should be crafted very carefully and proper time and effort should be given to create the best agreement for your personal situation.

Getting Legal Help

Because of the contentious nature of prenuptial agreements under the law, it is always best to have the counsel of a licensed attorney experienced in this area. An attorney can ensure that your agreement will be enforceable under state laws and that you will receive the protection you desire if things go wrong in your relationship.

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