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If you don't sign a prenup, the state's laws will govern the division of property and other financial matters in the event of a divorce. These laws vary by state, but they generally fall into one of two categories: community property or equitable distribution.

The best way to protect assets is not a prenuptial agreement, but via an irrevocable trust. This helps to keep the assets outside your marital estate and is more difficult to contest in court.

The short answer is yes. A prenuptial agreement can be legal and binding if executed correctly and in ance with the law. Whether certain clauses are upheld will depend on state law.

Premarital assets and debts "Premarital" assets are any assets that you acquired before your marriage to your fiance. This can be any type of property, such as your savings and brokerage accounts, pensions and retirement funds earned up through the date of the wedding, a car, jewelry, a home, or employee stock options.

An infidelity clause in a prenup or a postnup is a clause by which a spouse who commits adultery gives up financial benefits upon divorce. Their legality is questionable, with no Colorado cases on point, but recent decisions from other no-fault states reject their enforceability.

An infidelity clause (also called a no-cheating clause) is a popular lifestyle clause that covers extramarital affairs. If the spouse cheats, then they can be ordered to pay a financial penalty if the marriage falls apart. You see these occasionally in celebrities' prenups.

It typically lists each person's assets, debts, and outlines how they'll be handled should the couple divorce later on. Prenups can be a valuable financial tool. While they may be difficult to think about while planning a wedding, prenups can provide comfort in knowing you'll be protected.

A sunset clause defines the time or stipulation at which the terms of the prenuptial agreement expire. For example, a simple sunset clause might state that the prenup will expire after the couple has been married for 20 years.

What Should be Included in a Prenuptial AgreementPremarital assets and debts.Children from previous marriage.Marital assets and debts.Marital responsibilities.Work.Family property.Property division in divorce.Dec 8, 2020

What are the requirements for a valid Prenuptial Agreement?Both parties must voluntarily execute the agreement.Both parties must engage in full disclosure of their respective situations at the time the document is executed.The agreement cannot be unreasonably unfair to one of the parties.More items...