David Betz

What Is a Prenuptial Agreement and What Does It Protect?


The current US divorce rate stands at 50%, meaning half of every married couple in the US end up divorcing. Many newly married couples are conscious of this fact; that’s why many of them sign prenuptial agreements before tying the knot.

There’s plenty of misinformation about prenuptial agreements, which could end up misleading married and soon-to-be-married couples. If you’re looking to brush up on your knowledge of prenuptial agreements, then this article is for you. Below, we look at some general things you should know about prenuptial agreements, including what it is and what it protects.

What Is a Prenuptial Agreement?

A prenuptial agreement, also known as a premarital or antenuptial agreement, is a contract made between a couple before marriage. This contract stipulates each spouse’s rights to assets, debt, and support after a divorce. This helps prevent confusion and help resolve property division and spousal support issues among couples after they divorce.

What Do Prenuptial Agreements Entail?

Prenuptial agreements generally cover several issues, but assets, debt, and spousal support are common. Apart from these, prenups also cover the following issues:

- How you’ll divide the marital property, particularly the marital home

- How you’ll split any premarital debt

- Whether premarital assets will or won’t be combined and how they’ll be divided

- Whether one spouse should pay alimony or spousal maintenance to the other when you divorce

- How the both of you will deal with matters concerning medical care and disability insurance

- Whether you’ll consider gifts or inheritance as marital or separate property

By addressing the above issues, couples can enter a marriage without fear of losing all or most of their property after a divorce. Prenups also help eliminate any suspicion of surreptitious motive, where one spouse marries the other for their wealth and pushes for divorce to acquire part of the wealth.

Why Are Prenuptial Agreements a Good Idea for Some Couples?

For some, prenuptial agreements seem like a sign of distrust, but for others, it’s a practical way of safeguarding their most-prized assets after a divorce. Prenups are more common in the following instances:

- Situations where one spouse has had children from a previous marriage and would like to protect their future and interests

- Marriages involving individuals with considerable wealth or public figures

- If one spouse has already been through a messy divorce and would like to play it safe

However, this doesn’t mean you should get a prenup only if you fall in the above categories. Signing a prenuptial agreement is a good idea for anyone who doesn’t want the state to determine how their assets will be divided should they divorce.

Prenuptial Agreements and Child Support

Prenups in Missouri generally don’t cover issues concerning child custody and child support. In Missouri, all matters concerning child support and custody premise on the child’s interest at the time of the divorce. You will benefit from consulting with a family attorney to know how to juggle the prenup and child custody issues after your divorce.

Prenuptial Agreements Are Not a Sign of Distrust

Contrary to popular opinion, prenups aren’t a sign of distrust. Instead, they’re a realistic and pragmatic approach to marriage that helps protect your possessions and safeguard your future when you divorce.

The Betz Law Firm

120 E Lockwood Ave, St. Louis, MO 63119

Phone: (314) 801-8488

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