Written by Michelle N. Ogborne

What makes for the best prenuptial agreement?

What makes for the best prenuptial agreement?

When it comes to getting the best prenuptial agreement, transparent and honest communication is a must. This contractual agreement will help to define the expectations of both parties. It can also help to strengthen the relationship by setting a foundation based on open and effective communication between spouses.

Is a Prenup Right for You?

There are a number of reasons couples may choose to get a prenup. Some of the most common topics included will cover things like:

  • Defining any legal and financial responsibilities
  • Distribution of marital assets in the event of a divorce
  • Protecting spouses with a higher net worth
  • Setting the foundation for estate plans
  • Protection from a spouses’ pre-existing financial obligations and debt
  • Safeguards your company and any business partners in the event of separation

While no one plans for it, the value and benefits of a prenup will help to reduce conflicts and simplify things in the event of a divorce.

What Makes the Best Prenuptial Agreement?

Couples who choose to include a prenup in their plans for marriage can address a number of issues. Here are some of the most basic answers a prenup can provide:

  • What will be considered separate property vs marital property?
  • How will debt be distributed?
  • Who will pay for any legal fees in the event of a divorce?
  • Whether spousal support will be awarded, how much, and for how long?

The best prenuptial agreement is all-inclusive and serves the best interests of both parties justly. Both partners should be open and honest regarding their expectations in the marriage and included in a prenup. These expectations can cover things like:

  • Investment arrangements
  • Property distribution in the event of death
  • Ownership of retirement benefits
  • Credit card management of spending and payments
  • Separation of business and marital affairs
  • Joint bank account management
  • Plans for potential disagreements, such as mediation

Can a Prenup Include Other Things?

A prenup is unique to each couple and should include what matters most to the two of you. Ultimately, what makes for the best prenuptial agreement is that both partners agree and are on the same page.

Some surprising inclusions in a prenup can include topics such as:

  • Pet custody
  • Social media usage during, and after, the marriage
  • Drug testing
  • Household tasks that will be managed
  • Expectations around appearance and public appearances
  • Financial and other obligations to support and/or care for children from a prior relationship
  • Anything that is important to you

The laws regarding what a prenup can and cannot include may vary from state to state. This is why it’s so important to work with a qualified professional who understands the state specific laws for your prenuptial agreement. A reputable professional can help you navigate this complex process and ensure your prenuptial agreement works best for your relationship.

Find an Experienced Professional for Your Prenup Agreement

A prenup is a contractual agreement that puts both partners’ expectations for your marriage on paper. Working with an experienced professional in Arizona for your prenup can provide an honest and responsible beginning for your marriage. This not only provides an excellent foundation for your relationship – but increases the chances of living happily ever after.

If you are considering a prenup before your wedding or would like to know more about how a prenup can benefit your relationship, we can help! Contact Ogborne Law today.

Insert the following ideas instead

  • Household tasks that will be managed
  • Expectations around appearance and public appearances
  • Financial and other obligations to support and/or care for children from a prior relationship