Frequently Asked Questions (F.A.Q)
About Prenup Law
Melton Little, your trusted attorney, provides valuable insights and answers regarding prenuptial law and prenuptial agreements.
A prenuptial agreement, also referred to as a prenup, is a legally binding contract that couples enter into before they get married or enter into a civil partnership. This agreement sets out how assets, debts, and other financial matters will be divided between the parties in the event of a divorce, separation, or death.
Prenuptial agreements can be beneficial for any couple planning to get married or enter a civil partnership, especially those with significant assets, those entering a second or subsequent marriage, those with children from previous relationships, or those who own a business.
The enforceability of prenuptial agreements varies from one jurisdiction to another. In many places, prenuptial agreements are generally enforceable if they meet certain criteria, such as full disclosure of assets, legal advice received by both parties, and fair treatment of both parties. However, the court retains the final discretion and can set aside an agreement if it considers it to be unfair or not in the best interests of any children involved.
A prenuptial attorney can provide legal advice tailored to your situation, help you understand your rights and responsibilities, ensure full and proper disclosure of all relevant financial information, and draft a prenuptial agreement that is fair and likely to be enforceable. They can also represent you in any negotiations or court proceedings.
It’s advisable to start the process of drafting a prenuptial agreement well in advance of your planned wedding or civil partnership date. This gives both parties enough time to properly consider the terms of the agreement, seek independent legal advice, and make any necessary revisions.
In many jurisdictions, prenuptial agreements cannot pre-determine child custody and support issues because these matters are considered to be in the realm of the court to decide, based on the best interests of the child at the time of the separation or divorce. However, a prenuptial agreement can cover financial matters relating to children, such as private school tuition or the costs of extracurricular activities.
Yes, a prenuptial agreement can generally be changed or revoked after you’re married, as long as both parties agree to the changes or the revocation. This usually requires a formal process and should be done with the help of a prenuptial attorney. If only one party wants to change or revoke the agreement, this will typically require a court application and the court’s agreement.