What Can I Include in My Prenuptial Agreement?

Prenuptial Agreement
What Can I Include in My Prenuptial Agreement?

May 19, 2015

While many people have heard of a prenuptial agreement, there are a lot of people in Fort Wayne who might not know exactly what a prenuptial agreement is and what it can include. Even though the idea of a prenuptial agreement can be taboo for many couples who are about to marry, these documents can provide a lot of clarity and eliminate confusion should a couple decide to end their marriage unexpectedly.

Essentially, a prenuptial agreement is an effective way to protect certain property and assets in the event that a couple ends up getting divorced. A prenuptial agreement can make the divorce process go much smoother and quicker and eliminate a lot of the stress and anxiety that often accompany a split-up. If you have property that you want to keep separate in the event of a divorce, then you should consider a prenuptial agreement. However, it’s also important to realize that a prenuptial agreement cannot cover everything. While you can include several important items in your agreement, there are some things that are not allowed.

Typically, most prenuptial agreements can include plans for the following aspects, but there are also some limitations to these aspects as well.

  • How to divide property in divorce
  • Who keeps the marital home
  • Who is responsible for pre-marital debts
  • How property is distributed after death
  • Determining what can be considered separate or marital property
  • Financial obligations during the marriage
  • If the agreement is disputed, how those disagreements are resolved

Meanwhile, there are other things that generally can’t be included in a prenuptial agreement. They include, but are not limited to the following:

  • Who gets custody of the children in divorce
  • How visitation rights and parenting time will be determined
  • Whether or not child support is required or how much payments will be
  • Anything illegal or unfair
  • Any item or wording that appears to be encouraging divorce

At The Bellinger Law Office, we understand that prenuptial agreements can be a confusing and sensitive issue. However, having a prenuptial agreement in place can help the settlement process go much smoother when you meet with a Fort Wayne Divorce attorney. Please contact us if you are planning on getting married soon. We can calmly discuss this matter with you and your future spouse and help you see the benefits that can come with having a prenuptial agreement in place. No one wants to have to contact a Fort Wayne divorce lawyer, but a prenuptial agreement can make the divorce process easier if necessary. Please call us in Fort Wayne today at 260-428-2214 for assistance, or click here to contact us online.

Guidance for Families


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Robert H. Bellinger



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