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Some advice before you put together a prenuptial agreement

Having a prenuptial agreement can help a married couple feel secure about their relationship, while also making a contingency just in case a divorce is necessary down the line. The point isn't to predict a divorce -- the point is to prepare for every possibility. If a divorce were to occur and you have valuable assets, the prenup can protect some, or all, of those assets (depending on how the contract is phrased and utilized).

Making a prenuptial agreement is a difficult task though, because there are a lot of aspects of your life that can be included in a prenuptial agreement. At the same time, there are many things that can't be included in a prenup. You want to make sure that your prenuptial agreement is proper and compliant with the law.

Prenups can distinguish a lot of assets and responsibilities. For example, a prenup can designate which assets are marital assets (i.e. belong to both of you) or separate assets (i.e. belong to either you or your spouse). Debts are included in this way. You can also say which responsibilities each spouse will handle during the marriage, as well as define how property division will be handled should the two of you file for divorce.

But there are many things a prenup can't include, such as anything pertaining to child custody or child support. They also can't detail anything illegal or have provisions that encourage divorce in any way.

If you do choose to have a prenup, make sure you consult with an attorney to ensure that the document is compliant with the law and is properly drafted. You will also want to make sure both you and your spouse have sufficient time to consider the document before signing it.

Source: FindLaw, "What Can and Cannot be Included in Prenuptial Agreements," Accessed July 7, 2016

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