Prenuptial agreements are often frowned upon by couples. No one truly goes into a marriage thinking about divorce, and the subjects brought up by prenups are often hard for couples to navigate. However, prenuptial agreements offer many benefits to couples with the right information. Forbes explains a few things all couples should know about prenups before walking down the aisle.
When creating a prenup, full disclosure is a must. Say you have quite a few assets, and you do not want to worry about having them divvied up in case of divorce. Hiding them during the drafting process can actually make that a very real possibility since any assets not included could conceivably be up for grabs. Conversely, including all assets in the document allows you to set rules for how they are distributed and whether they can be considered marital property in the first place.
Also, consider that every state has laws about the creation of these legal documents. Failure to follow laws in your state could render your prenup invalid in the event of divorce. Laws can dictate everything from when the prenup was created to the fairness of the document. Reading up on state laws and working with an experienced attorney is recommended, in this case.
Prenups can also be used to create rules about alimony. If it is explicitly stated in the document that one or both spouses cannot seek spousal support, it will be impossible to do so in the event of divorce. If it is not explicitly stated, it may be possible for either party to make a request for alimony, as which point the court will need to consider a few different factors. In a sense, prenups allow couples to have hard decisions about sensitive topics so everyone is on the same page when the marriage takes place.