Prenuptial Agreements

Prenups are not just for celebrities and wealthy people–they’re for everyone. A prenuptial agreement can help iron out some important financial details of married life like joint bank accounts or who gets what in the event of a divorce.

A prenuptial agreement, or “prenup,” is a legal document entered into before marriage, outlining the division and ownership of assets should the marriage end in divorce or death. Here is what you should know and why you may consider one before you tie the knot.


Why Consider a Prenuptial Agreement?

  1. Protection of Individual Assets: Prenups protect that personal assets acquired before marriage, such as inheritance, investments, or business interests. This legal arrangement is particularly important for those entering a marriage with significant assets or expected inheritances.
  2. Clarity and Prevention of Conflicts: A well-drafted prenup clarifies the financial responsibilities and expectations of each party during and potentially after the marriage. By setting clear terms, prenups help reduce conflicts over finances if the marriage ends, as both parties have previously agreed to the terms laid out in the document.
  3. Protection from Debt: Prenups can also protect individuals from being responsible for their partner’s debt. This aspect is invaluable, especially if one party enters the marriage with substantial debt or has spending habits that might accrue debt.
  4. Safeguarding Family and Business Interests: For business owners, a prenup can limit a spouse’s access to business assets and operations in the event of a divorce. It can also safeguard family heirlooms and assets intended for children from previous relationships.
  5. Financial Planning and Independence: Couples can outline their financial future together through a prenup, including decisions on joint bank accounts, handling of bills, and investments. It encourages open and honest discussions about finances, which is a healthy foundation for any marriage.


Legal Considerations

The validity of a prenup depends on it being fair, consensual, and transparent. Both parties must fully understand and agree to the terms without any coercion, and they must disclose all assets and liabilities fully and honestly. In many states, a prenup will not be upheld if found to be signed under duress or without fair disclosure of assets​..


Common Misconceptions

Despite their practical benefits, prenups are often misunderstood. Many believe they are only for the wealthy or that they signify a lack of trust in the relationship. However, prenups are a proactive measure to handle practical aspects of marital assets and responsibilities. They are not a prediction or expectation of divorce but rather a contingency plan that provides peace of mind for both parties​.


Tips for Creating a Prenuptial Agreement

Creating a prenuptial agreement can be a delicate process. It involves open communication and a clear understanding of both parties’ expectations and legal rights. Here are some tips for facilitating the process:


  • Start Early: Begin discussions about a prenuptial agreement well before the wedding date. This gives both parties ample time to consider their options, seek legal advice, and avoid the pressure of last-minute decisions.
  • Hire Separate Attorneys: Each partner should have an attorney to represent their interests. This ensures that the agreement is fair and that both individuals fully understand the terms.
  • Full Disclosure: Honesty is crucial in the formation of a prenup. Both parties must fully disclose their assets, liabilities, and income. Hidden assets or incomplete disclosures can lead to the agreement being challenged or invalidated.
  • Discuss Future Plans: A prenup should address not only the current financial situation but also future plans. This might include provisions for retirement savings, potential inheritances, and plans for starting a business.
  • Consider All Scenarios: While it’s uncomfortable to think about, the agreement should cover all possible outcomes, including divorce, death, and significant changes in financial situations.
  • Fair and Reasonable: The terms of the agreement should be fair to both parties. An agreement that heavily favors one side may be contested in court and potentially declared invalid.
  • Regular Updates: As life changes, so might the conditions of your prenup. Consider revisiting the agreement at major life milestones like the birth of children, significant career changes, or large financial windfalls.


While discussing a prenup might not be the most romantic part of engagement, it is a practical, wise step for many couples. By preparing for all possibilities, a prenup helps protect individual interests and ensures that both parties enter the marriage with a clear understanding of their financial rights and responsibilities. It’s advisable for anyone considering a prenup to consult with a knowledgeable family law attorney to ensure that the agreement is comprehensive and legally sound.


Family Law Experts

At DaMore Law, we recognize the intricacies involved in family law matters. Our team of seasoned attorneys is equipped to navigate the challenges of both mediation and litigation. Ensuring you receive the best possible outcome for your unique situation.

Whether you’re facing a straightforward case or a complex legal dispute, our expertise in family law guarantees a strategic and compassionate approach. Contact us today, and experience the commitment and care that sets DaMore Law apart.