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What should be included in our prenuptial agreement?

On Behalf of | Mar 27, 2023 | Family Law |

Becoming engaged and deciding to get married is one of the most joyous moments in a person’s life. But, completely intermingling your life with someone else can be somewhat nerve-wracking, especially if you own high-value and complex assets. Fortunately, engaged couples can protect their personal assets and property by drafting and signing a prenuptial agreement. If you and your spouse are considering creating a prenuptial agreement, there are a few important things you will want to include.

Separate assets

When two people enter a marriage, they usually bring some assets and properties with them. In the unfortunate event of a divorce, it can be difficult to determine what property was acquired before the marriage and what assets were obtained during the marriage.

By creating a prenuptial agreement, or a prenup, couples can dictate what assets are considered separate property. Furthermore, engaged couples can preemptively decide how their marital assets will be divided if a divorce occurs.

Premarital debts

Similarly, to how people will bring their own assets into a marriage, they will bring their debts with them too. When you and your fiancé are creating a prenup, you can determine if they will be solely accountable for their debt or if both of you will be taking responsibility.


Spousal support is generally awarded during the divorce process, especially if one spouse earns a much higher wage than the other. A premarital agreement gives engaged couples the ability to decide how much alimony the lower-earning spouse will receive after a divorce.

Retirement accounts

Most engaged couples will have a retirement account before they become married. Without a prenup in place, your retirement assets, along with any contributions made during your marriage, could be deemed marital property. To protect a retirement account, it must be included in a prenuptial agreement.

Bringing up a prenuptial agreement or talking about each other’s financial situation can be stressful and uncomfortable. But, by being proactive and creating a prenup, soon-to-be-married couples can feel confident about their finances. For guidance on drafting a premarital agreement, it may be wise to contact a dedicated family law attorney.