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How do you draft a prenup? To draft a prenup, identify all assets, debts, and financial responsibilities. Include detailed provisions for asset division and spousal support. Consulting legal experts and using reputable templates can help ensure the agreement is comprehensive and enforceable.

These types of assets can include savings, stock options, personal property (car, house, jewelry, etc.), and promised holdings (inheritances, retirement, etc.). In addition to financial securities, debts must also be disclosed within premarital assets (even though a debt isn't generally considered an asset).

Prenuptial Agreements Overcome the Presumption of a 50/50 Split. Prenuptial agreements can provide for an unequal distribution of a couple's property and are more common in a second or subsequent marriage, where one or both spouses desire to protect assets for their respective children.

Is there a certain amount of money or assets that needs to be at stake to trigger whether or not to enter into a prenup? No, there's no specific dollar value that would make it preferable to have a prenup. Instead, consider what assets or investments that you would be uncomfortable losing in the future.

For it to be valid, both parties must disclose all of their existing financial and property information, outlining all assets, including real estate, stocks, and retirement accounts, as well as all debts, including student loans, car loans, and credit cards.

What Can You Not Put in a Prenup? Child Custody. A prenuptial agreement cannot predetermine child custody arrangements. Child Support. Provisions that Violate the Law. Distinctions Between Separate & Marital Property. Establishment or Elimination of Alimony. Business Ownership. Spousal Responsibilities. Estate Planning.

A premarital agreement should: Define separate vs community property. Separate property stays in the name of the partner to whom it belongs. Decide how existing debts will be paid. Define spousal support (alimony). Define what happens to real estate. Define who will pay taxes. Define how long the prenuptial lasts.

7 Things to Include in Your Prenuptial Agreement Premarital Assets. Premarital Debts. Spousal Support and Waiving the Right to Alimony. Financial Responsibilities. Provisions for Children from Previous Relationships. Business Earnings. Retirement Accounts.