Generally, when people hear of a Prenuptial Agreement, they assume it means, that the couple is planning to divorce in the future. Here, at Ricquelle Lassonnier Law, we see things differently. When deciding whether or not to enter into a prenuptial agreement, it is a personal decision that will absolutely protect your interests and that of your partner. The best way to ensure that your interests are protected in the event of future changes, is to enter into a prenuptial agreement. A prenuptial agreement provides the same protection as a post marital agreement. Both are completely enforceable if properly drafted in a manner that does not violate public policy.

Marriage contracts can also regulate spouse retention and dependent allowances. For example, if you have a family business, a prenuptial agreement can be the best way to protect the interests of your family in the business. Without a prenuptial agreement, the company, though founded and owned by the spouse, can be split according to the duration of the marriage and the spouse’s contribution to the company.

What is included in a prenuptial agreement ?

After the couple decides to enter into a prenuptial agreement, each party must make a list of all their properties, assets, and liabilities. Openness and transparency are required. If someone lies or provides false information when creating a marriage contract, the contract will be void.

A Prenuptial Agreement entails :

• All assets held or acquired separately before marriage and what will happen to them in the event of a divorce.
  In most cases, the couple agrees to keep everything they owned before the marriage in the event the marriage should be dissolved.
• Protection of each spouse from the other’s past debts. Debt collection agencies often attempt to collect a debt that one party incurred prior to marriage from their new spouse.
• A disclosure and listing of all debts and the person responsible for them – this includes personal debts like student loans, medical bills and car loans as well as all business debts.
• Consideration for children from a previous relationship or marriage. Any inheritance specifically left to them must be included in the prenuptial agreement.

What is not included in a prenuptial agreement ?

Any agreement about child custody or child support is not included in a prenuptial agreement. The assignment of custody is based on the needs of the child at the time of the custody dispute. Therefore, it is impossible to know in advance which parent should get custody of the child, since it is impossible to know which party will get custody of the children. It is also impossible to agree on child support in advance. Child support is attributed to the child, not the parent, so child support can only be given to the custodial parent.

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