Prenuptial Agreement - Prenuptial Agreements - Prenuptial Forms - Prenuptial Contract - Legal Forms - Prenup
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Include in a Premarital Agreement.
What to include in a Premarital agreement depends on a couple's specific situation. Premarital agreements may expand or limit a person's right to Property, life insurance benefits, or support payments in the event of a spouse's death or a divorce.
The most common issue addressed in Premarital agreements is the rights to Property that each party brings to the Marriage. Another common inclusion is how money accumulated before the Marriage will be distributed in the event of death or divorce. This is especially true in a second or third Marriage when someone wants to ensure that Property is retained for children from a previous Marriage. If either person owns any retirement plan assets, it is very important to specifically address this issue.
There are limitations on what a Premarital agreement may contain. child custody and support cannot be dictated by a Premarital agreement. If a couple attempts to determine in advance which spouse will have custody of children, courts will disregard the agreement to decide what is in the best interest of the children. Also, most courts will not enforce a Premarital agreement that effectively leaves one person destitute.
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