Prenuptials FAQs
	Can I revise my prenuptial agreement after I am married? Why does LegalZoom require the purchase of a prenuptial agreement at least two weeks in advance of my wedding? What is a Prenuptial Agreement? Who uses prenuptial agreements? Are prenuptial agreements valid? Do I need a prenuptial agreement? Will an existing living together agreement be enforceable after we marry? What can and cannot be placed into a prenuptial agreement? How do I bring this up to my future spouse? Can we modify the prenuptial agreement before we are married? Can I revise my prenuptial agreement after I am married? Once you’re married, you will need to contact an attorney to create a post-nuptial agreement for any revisions. Why does LegalZoom require the purchase of a prenuptial agreement at least two weeks in advance of my wedding? Two weeks before your wedding allows enough time for LegalZoom to process your document and send it to you with ample time for you to review it and get the appropriate signatures. The prenuptial agreement must be signed before the wedding takes place. What is a Prenuptial Agreement? A prenuptial agreement (also called an “Antenuptial” Agreement) is a contract that is entered into BEFORE the marriage takes place. Most importantly, prenuptial agreements preserve the nature of property should the marriage end. In other words, separate property will remain separate and will not be inadvertently subject to community property or "equitable distribution” laws. A prenuptial agreement also sets forth what will happen to your and your spouse's income and assets in the case of death, divorce or separation, but it does not serve as a will. Who uses prenuptial agreements? Prenuptial agreements are not uncommon. They are used for the simple reason that couples do not want the law to dictate who gets what if the marriage should end. The LegalZoom Prenuptial Agreement can safeguard assets, protect loved ones, keep a business in the family and streamline divorce proceedings. 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. Are prenuptial agreements valid? Most courts uphold prenuptial agreements. There are a few requirements that must be met: That the agreement is not likely to promote divorce, That the agreement was not written and signed with the intention of divorcing, That one party was not forced into signing it, or That the agreement was created fairly. Do I need a prenuptial agreement? The answer depends on your specific circumstances. You should seriously consider entering into a Prenuptial Agreement if you have any of the following circumstances: You have children from a previous marriage. You own a business or are involved in a family company. You each have significant assets or one of you has considerably more than the other. You are concerned about your future spouse's significant debt. Will an existing living together agreement be enforceable after we marry? An existing living together agreement may not be enforceable after you marry. Some courts have held that a living together agreement is not made in contemplation of marriage. Unless the living together agreement was made shortly before your marriage, there is a chance it will be invalid after you marry. In this case, you should create a prenuptial agreement to replace any other agreements made before you marry. What can and cannot be placed into a prenuptial agreement? The LegalZoom Prenuptial Agreement mainly deals with couples who want to keep property separate and free from the courts distributing it upon a divorce. Any sort of property, such as a home, automobile, stocks, checking accounts, business ownerships, or personal belongings can be included in the agreement. Debts can also be categorized as separate property so that one spouse will not be liable for the debts of the other should the marriage dissolve. Although some states allow for couples to agree on specific spousal support payments (alimony) in the event of a divorce, the LegalZoom Prenuptial Agreement does not provide for it. The reason for this is that not many states allow for specific spousal support agreements, and they are often difficult to uphold in court. The LegalZoom Prenuptial does, however, allow both parties to waive the right to spousal support in total. For more specific information on spousal support, please consult an attorney. Child support payments cannot be determined in a prenuptial agreement. The court will follow state guidelines to determine the amount. How do I bring this up to my future spouse? Prenuptial Agreements are often misunderstood. Some people argue that Prenuptial Agreements are an attack on trust. One spouse may believe that the other does not love him or her enough to share, while the other believes that if the love is strong enough, it should not be an obstacle. Whatever the case may be, you and your future spouse should try to approach a Prenuptial Agreement apart from the emotional aspects. Prenuptial Agreements are a reality decision, and should be separated from the emotional aspects. A few tips follow: Approach the subject in a calm and caring fashion. Explain that you are interested in a Prenuptial Agreement well in advanced of the wedding date This will give both of you time to consider it with no time constraints. Mention that you believe the marriage will last forever, but anything can happen, and you want to be prepared. Honestly communicate your needs, desires, and feelings. Can we modify the prenuptial agreement before we are married? You may revise your LegalZoom Prenuptial Agreement before the date of your actual wedding. Just be sure to give yourselves enough time to read over the changes carefully, and to sign the revised document in the presence of a notary and three witnesses. Point of origin credit for this file is given to LegalZoom.com, Inc., a registered and bonded legal document assistant, #0104, Los Angeles County. LegalZoom.com is not a law firm and is not a substitute for the advice of an attorney.