Prenuptial Agreements Set Out a Financial Inventory
Key Points
  • There are numerous financial assets that should be considered and addressed in a prenuptial agreement.
  • Spouses often question whether or not their prenuptial agreement will be enforceable. There should be less concern of this as long as the agreement is fair and reasonable for both spouses.

According to the Equality in Marriage Institute, the couple should review the following key areas:

  • All assets, liabilities and expectations of gifts and inheritances
  • The disposition of premarital debts (which can be particularly important since many people bring significant student loan debt to the marriage)
  • The disposition of premarital property as a result of appreciation, gains, income, rentals, dividends and proceeds from the sale in the event of death or divorce
  • The disposition of the marital residence and secondary homes in the event of death or divorce
  • The status of gifts, inheritances, and trusts "either spouse receives or benefits from, whether before or after marriage."
  • The disposition of types of property, whether jointly or individually owned, such as real estate, artwork and jewelry
  • Alimony, maintenance or spousal support, or a provision for a waiver or property settlement instead of support (to the extent allowable by law)
  • Decisions on medical, disability, life or long-term care insurance

Some lawyers advise prenuptial agreements in the case of second (or third) marriages between older spouses who have children to whom they wish to leave an estate. Very often, one of the spouses (usually the man) may be older than his new wife, who is virtually certain to outlive him.

In the case of wealthy people, prenuptial agreements join estate planning in the establishment of marital-family trusts used to shelter assets from estate (federal) taxes.

Prenuptial agreements can also be used to provide economic reinforcement to dimensions of the marriage that are not directly economic. For example, a wife may insist that role as stay-at-home mother merits compensation through spousal support for the interruption in her career. However, prenuptial agreements cannot deal with any of the following: custody of the children (including the children’s religion and schooling), visitation, child support, anything illegal (which is true of all contracts); anything "unconscionable"; or anything encouraging divorce.

In general, prenuptial agreements that are "fair and reasonable" will be enforced. Generally, the longer a marriage lasts the harder it becomes to enforce a prenuptial agreement, often because the spouses, like all married couples, taint their assets by commingling them. Couples often do this by accident or design when, for example, a man puts his money in their account and thereby makes it marital property.

Moreover, even with a prenuptial agreement, a husband normally makes some reasonable provision for his second wife in the event of his death because he is not free to leave her penniless and destitute by virtue of a prenuptial agreement in favor of his adult children from a previous marriage.

Useful Online Tools
  • Divorce Online - With this online software you will complete and instantly print your divorce forms and step-by-step filing procedures to file your own divorce in a timely, professional, and hassle free fashion.
  • Online Separation Agreements - When you and your spouse agree about how to resolve your issues, 3StepAgreementTM puts you in charge and gets everything in writing.
  • Divorce Negotiation Online - You will be surprised how easy it is to resolve your disputes through our innovative Divorce Negotiation CenterTM. It's FREE. Give it a try.

Recent Related Blog Posts
    All Divorce (General) Blog Posts

Suggested Reading
The Complete Guide to Divorce The Complete Guide to Divorce
You Must Have this Guide to Have a Successful Divorce! This book supplies the information you'll need to evaluate the strengths and weaknesses of your situation, ultimately allowing you to make better decisions before, during and after your divorce.

Download Now

Related Article Archives
Court Procedures
General Divorce Issues
    All Article Archives

Related Categories
Contemplating Divorce
Divorce Laws
Divorce Negotiation
    All Categories
Related Forums
DIY Divorce
General Issues
    All Forums

Resources & Tools

Bookstore Promotion Discount

Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.
FILING AN ANSWER OR APPEARANCE – The respondent, or defendant, generally has 30 days to answer or file a response.
Start Divorce

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:


Men's Book Men's Rights Manual for Divorce

Men's Rights Manual for Divorce

Men's Rights Manual for Divorce


Women's Book Women's Rights Manual for Divorce

Women's Rights Manual for Divorce

Women's Rights Manual for Divorce


Featured Download The Limits of Discovery During Divorc

The Limits of Discovery During Divorc

The Limits of Discovery During Divorc

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site