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What is a Prenuptial Agreement?

General Purpose. A "premarital agreement" or "prenuptial agreement" is "an agreement between prospective spouses made in contemplation of marriage and is to be effective upon marriage." Uniform Prenuptial Agreement Act, prefatory notes. Therefore, to use this form, the parties must be contemplating marriage (i.e., this form does not work for couples already married). Most couples enter into these agreements to fix their rights to property owned by each both before and during the marriage. Generally, the allowed subjects of a prenuptial agreement are as follows:

1. The rights and obligations of each of the parties in property of either or both, whether acquired before or after the marriage;
2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, control, manage, or create a mortgage or encumbrance upon property of the parties;
3. The disposition of property upon separation, marital dissolution, or death;
4. The modification or elimination of alimony (also known as "spousal support"), but please note that prenuptial agreements may not affect the right of either party to receive child support under state law;
5. The rights of either party under a will or trust created by the other party;
6. The ownership rights in and disposition of the death benefit from a life insurance policy; and
7. The choice of which state's law shall govern construction of the agreement.

Are these agreements legally enforceable? For those individuals in California, although California has enacted the Uniform Premarital Agreement Act, it's version of the law makes it very difficult for individuals unrepresented by attorneys (at the time the agreement is entered into) to enforce a premarital agreement. It also mandates a seven day waiting period between the time the agreement is first presented to a party and the time it is actually signed. Our prenuptial form is not designed for use without representation by an independent attorney by both parties to the agreement.

Special Feature of our Online Prenuptial Form:

1. Allows a prospective married couple to agree which assets they currently possess, including retirement plan benefits and accounts, shall remain their separate property;
2. Allows a prospective married couple to agree which assets and income they obtain subsequent to marriage shall remain their separate property;
3. Allows a prospective married couple to agree to limit the amount of alimony either party could obtain in case of divorce; and
4. Through our online questionnaire, creates a summary financial disclosure statement for both the prospect husband and wife which is a vital element of any prenuptial agreement.

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