This article was written by Scott Levin and by How.com.vn staff writer, Savannah Vold. Scott Levin is a Divorce Mediator & Family Lawyer, as well as the Founder of San Diego Divorce Mediation. With nearly 20 years of experience, he specializes in peacefully mediating divorces so couples split amicably. He holds a law degree from the University of Chicago School of Law and a Bachelor’s degree in Metropolitan Studies from New York University. Additionally, Scott is a licensed attorney in California, a Certified Divorce Financial Analyst, and a member of The Academy of Professional Family Mediators.
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Despite how the media often portrays them, prenups are a positive and powerful financial safeguard in ensuring that both you and your partner’s financial interests are protected. These statutory legal documents summarize how you want your assets and liabilities to be upheld in the event of a divorce or legal separation from your partner. In this article, we’ll walk you through exactly what to include in your prenuptial agreement, from assets, property rights, spousal support, and more. Read on for everything you need to know.
This article is based on an interview with our divorce mediator and family lawyer, Scott Levin, founder of San Diego Divorce Mediation. Check out the full interview here.
Things You Should Know
- Include provisions for existing property, investments, or other assets you want to keep as non-marital property in case of divorce or legal separation.
- Ensure any prior, separate debt remains the sole responsibility of the partner who accrued it by explicitly stating it in your prenuptial agreement.
- Safeguard your children’s inheritance by ensuring your partner can’t claim it as their own in your prenuptial agreement.
Steps
Expert Q&A
Tips
- Always work with a reputable, experienced lawyer when drafting and submitting your legal, official prenuptial agreement.Thanks
- Fairness and equity are critical factors to ensure when drafting your prenup. Consider what is fair and best for not just you but your partner and children as well.Thanks
Warnings
- Avoid including unforeseeable or unenforceable provisions in your prenup, such as one partner being responsible for a certain task or chore, etc.Thanks
- Avoid making promises you can’t keep (such as voiding the prenup after a certain date or event), using ambiguous language that leaves room for dispute, and not having the agreement made legally official.Thanks
References
- ↑ https://cascom.army.mil/staff/sja/info%20papers/G1%20-%20Prenuptial%20Agreements.pdf
- ↑ https://www.capitalone.com/learn-grow/life-events/what-is-a-prenup/
- ↑ https://asun.unl.edu/student-legal-services/what-alimony
- ↑ https://www.forbes.com/sites/frawleypollock/2019/07/20/how-a-prenuptial-agreement-can-help-protect-your-business-interests/?sh=548a4fae4f94
- ↑ https://mielderlaw.com/wp-content/uploads/2013/05/Doug._C._Jan.11___2-Protecting-your-inheritance-MFDA.pdf
- ↑ https://www.nycbar.org/get-legal-help/article/intellectual-property/
- ↑ https://www.nycbar.org/get-legal-help/article/family-law/marital-agreements/prenuptial-agreements/
- ↑ https://www.bluecross.org.uk/sites/default/files/d8/2020-05/Blue-Cross-Pet-Nup.pdf
- ↑ https://legaltemplates.net/form/prenuptial-agreement/
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