What Is a Premarital Agreement and Why You Should Get One?

Premarital agreements, sometimes referred to as a prenuptial agreement, are legally binding contracts signed prior to marriage. These agreements typically govern how various issues will be handled during the marriage and in the event of a divorce, including financial issues related to property and income.

Though premarital agreements are primarily concerned with financial matters, they can also cover other areas like real estate, stocks and bonds, mutual funds, pension plans, IRAs, and other significant assets. Premarital agreements can also include arrangements related to spousal support and the division of marital debts.

It’s important to note that premarital agreements are not just for wealthy couples. Premarital agreements are beneficial for anyone looking for some peace of mind before they enter into marriage. They provide predictability in a divorce situation, which can save a significant amount of money and time. A well-crafted agreement can also act as a financial roadmap for the couple.

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More and more couples are choosing to create premarital agreements prior to getting married. In fact, studies show that more than 50% of U.S. couples have at least discussed getting premarital agreements. In addition to the financial advantages, they are also becoming popular for social reasons, as they may encourage couples, especially same-sex couples, to be more transparent and honest with each other prior to marriage.

Creating a Premarital Agreement

If you’re considering creating a premarital agreement, it’s important to get legal advice and to have both parties represented by independent legal counsel. Premarital agreements must be drafted, negotiated, and executed in accordance with applicable state law.

Be sure that the agreement is clear and unambiguous and that it is complete and accurate. Additionally, the process of creating a premarital agreement should be undertaken without duress or undue influence. To ensure that all of these criteria are met, it’s a good idea to have a lawyer check the final document to ensure it’s valid and legally binding.

Though getting a premarital agreement may seem a little daunting, it can bring peace of mind and create more financial security for couples entering marriage. It’s a way of recognizing and preparing for the reality that not all marriages last and that having a plan in place can be beneficial in the event of a marriage dissolution.

Related Legal Concepts

Understanding premarital agreements often goes hand in hand with antenuptial agreement, which is simply another term for the same type of contract. These documents share similarities with separation agreement and marital settlement agreement, both of which also address asset division and financial arrangements between spouses. In cases where marriages end, couples may also encounter divorce agreement and marital termination agreement, which can reference or modify the terms originally established in their premarital contract.

The Bottom Line

Premarital agreements serve as important legal tools that help couples establish clear financial expectations and protect individual interests before marriage. These contracts can provide security and reduce conflict by addressing property division, spousal support, and debt allocation in advance. While they may seem unromantic, they offer practical benefits for couples at all income levels who want to plan responsibly for their future together. For guidance specific to your situation, always consult a qualified, licensed attorney.