Prenuptial Agreement

A Prenuptial Agreement is entered into by a couple prior to marriage regarding the division of assets in the event of a divorce or death, assuming that the marriage is consummated.

Many engaged couples, or even before then, choose to enter into a Prenuptial Agreement. Having a prenup means that it would likely be more comfortable and faster if any divorce proceedings are to come. A Prenuptial Agreement is also helpful in executing the Last Will and Testament after the death of one of the spouses.

What Is a Prenuptial Agreement?

The Prenuptial Agreement is legal in all US states, which, as is the case with most more controversial topics, may enforce the prenup in varying fashion. Check your state law before creating a prenup or risk ending up with one that is useless.

The Prenuptial Agreement handles the financial side of the marriage. It is used to decide beforehand the division of properties, liabilities, and current assets. It also details how any businesses owned are to be divided.

However, it does not concern custodial matters, which is the territory of family law and expressly prohibited in such a way that any attempt could void the agreement.

Other Names for Prenuptial Agreement

Depending on your state, a Prenuptial Agreement may also be known as:

• Antenuptial Agreement
• Premarital Agreement
• Prenuptial Contract
• Marriage Contract
• Domestic Contract
• Prenup

Who Needs a Prenuptial Agreement

The prenup comes with a reputation of abuse where very wealthy people hang it over the head of someone not nearly as wealthy to do it or else. Nowadays, though, the prenup may be part of a standard marriage contract. It makes sense to use a Prenuptial Agreement if there are significant assets or liabilities present before marriage. After the marriage, married couples would use a Postnuptial Agreement.

Why Use Swyftfilings for Your Prenuptial Agreement?

Customized for you, by you

Create your own documents by answering our easy-to-understand questionnaires to get exactly what you need out of your Prenuptial Agreement.

Specific to Your Jurisdiction

Laws vary by location. Each document on Swyftfilings is customized for your state.

How to Create a Prenuptial Agreement with Swyftfilings

All states recognize the Prenuptial Agreement, but you still want to create an agreement conforming to your state's law in all aspects. That is what we can help with.

Let Swyftfilings help with our extensive library of attorney-vetted legal forms. The process is fast and easy. All you have to do is fill out our easy-to-understand questionnaire. Once complete, simply download your form as a PDF or Word document from your secure online account.

What Information Will I Need to Create My Prenuptial Agreement?

To create your document, please provide:

• Future Spouse A Details: Full legal name, current address, and contact information.
• Future Spouse B Details: Full legal name, current address, and contact information.
• The Effective Date: The date when the agreement becomes effective (usually the marriage date); the deal is automatically voided if the union is not consummated.
• Governing Law: Select the state's legal system that will be applicable.
• Disclosure: Declare that the future spouses have disclosed the financial standings in full.
• Property: Depicts how marital and premarital properties are to be divided in the event of a divorce.
• Debts: List all premarital debts and how they and any marital debts are to be settled or split in the event of a divorce.
• Additional Clauses: Any other provisions the couple would like to include.
• Legal Representation: Supply the names of the attorneys as applicable.
• Witness: The person witnessing the signing.
• Signatures: Both future spouses and the witness are to sign.

Prenuptial Agreement Terms

• Cohabitation: The term for living together commonly connotes pre-marriage.
• Commingling: In the context of a Prenuptial Agreement, this is the mixing of marital and non-marital properties.
• Estate Planning: In the context of a Prenuptial Agreement, this is the act of property distribution after death.
• Separation Agreement: An agreement married spouses use as conditions for living separately.
• Alimony: Spousal support where the higher earner may be ordered to pay financial support.
• Disclosure: A faithful declaration of assets and debts.
• Amendment: An addition to a contract modifying existing terms or adding new ones.
• Affidavit of Execution: A sworn statement by a witness.
• Severability: The quality of a document, such as an agreement or lawmakers' bill, being valid even when some parts or provisions are struck out.
• UPAA: Uniform Premarital Agreement Act.

Prenuptial Agreement Signing Requirements

After reviewing the Prenuptial Agreement's printout, both future spouses are to sign it in front of a witness. Notarization might not be required in all states, but it is highly recommended.

What to Do with Your Prenuptial Agreement

After the Prenuptial Agreement is signed and notarized, distribute a copy to both parties. It is not necessary to file the agreement with the court or any state authority.

Depending on your state, a Prenuptial Agreement may also be known as:

If you need to formalize agreements and ensure legal compliance, this document is an essential tool.

Create your own documents by answering our easy-to-understand questionnaires to get exactly what you need out of your Prenuptial Agreement.

Laws vary by location. Each document on Swyft Forms is customized for your state.