A prenuptial agreement is a binding agreement entered into prior to the marriage in which the parties, in however much detail they wish, set forth what will happen to their income and assets in the event the marriage ends in death, divorce, or separation.

>>Having a prenuptial marriage agreement does not mean that a couple is anticipating divorce.
>> Financial matters need to be faced.
>>Prenuptial agreements can preserve family ties and inheritance.
>>If your future spouse won't sign a prenuptial marriage agreement, it may be best to discover this before the wedding.
>>The financial well-being of children from a previous marriage can be protected.
>>Personal and business assets accumulated before your marriage are protected.
>>A prenup puts financial expectations out on the table before your wedding.
>>A prenuptial marriage agreement spells out which assets a spouse may want to give to children or other family members in the event of death.
>>In the event of a divorce, a prenuptial agreement eliminates battles over assets and finances.

>>Prenuptial marriage agreements can be set aside for failure to disclose all assets, or if there is evidence of fraud, duress, unfairness, or lack of representation at the time of signing the agreement.
>>They are unromantic.
>>Prenups can give the appearance that there is a lack of trust between the partners.
>>A prenuptial agreement could create resentment between spouses.
>>A prenuptial marriage agreement makes it seem like there is a lack of a life-time commitment to one another.

In the past, prenuptial agreements were often favored by individuals who were marrying for the second time, and had assets from a previous marriage which they wanted to preserve for their children from that marriage. Thus, the couples were typically older and had a significant amount of assets. Increasingly, probably because many people are marrying later for the first time, prenuptial agreements are also being used by individuals marrying for the first time who have been in the work force for a period of time and have accumulated assets which they do not want to lose in the event of a divorce. In addition, people who have friends who have been "burnt" by divorce may want prenuptial agreements which limit not only the distribution of assets, but also the amount and duration of support which one party can receive from the other.

The validity of a prenuptial agreement depends on the state where you live. In general, the closer to the wedding date the prenuptial was signed, the greater than danger that it will not be upheld. If one side was represented by a lawyer and the other was not, or both sides were represented by the same lawyer, either party can argue he or she did not understand what was signed, and the prenuptial agreement may not be valid. If the parties failed to disclose their assets, the prenuptial can be attacked on that basis. The greater the number of these factors in one case, the greater the chances a court may not uphold it. Finally, a court may ignore provisions concerning custody and child support in favor of the standards of what is in the best interest of the child. A judge may conduct a trial on the issue, or may read sworn statements concerning the agreement. Decisions are based on which side the judge believes, as well as a consideration of the law.