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What can be included in a prenup?
What can be included in a prenup?
Nicole Sheehey avatar
Written by Nicole Sheehey
Updated over a week ago
  • Classification of property: A prenuptial agreement can classify which property is “separate property” and what will be considered “marital property.” This classification allows a couple to avoid the state’s default laws that would otherwise apply in the event of divorce. For example, you or your partner may classify a condo or home you owned prior to marriage as “separate property,” meaning that should you divorce in the future, that properly would remain solely yours.

  • Debts: A prenuptial agreement may specify that each spouse is only responsible for his or her own debts.

  • Provisions for children from a previous relationship: A prenuptial agreement may be able to protect the property interests of children from previous relationships in case the spouse passes away. The spouse may wish to leave separate property to their children from prior relationships. This may be especially important if there’s a desire to preserve a family heirloom that is cherished by the lineal descendants.

  • Maintenance of separate finances: A prenuptial agreement may specify that the spouses will keep certain finances separate during the marriage and may specify which funds are marital. This can allow spouses to keep control of their own bank accounts and avoid commingling funds that could otherwise result in changing separate funds to marital funds.

  • And much more. Want to learn more about HelloPrenup's clauses and what they cover? https://helloprenup.com/prenup-clauses/


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