Prenuptial agreements sometimes have negative connotations. The reality is, however, that prenuptial agreements merely allow couples to decide for themselves, in advance, how divorce-related issues should be determined if the couple ends up divorcing. Because there are a variety of benefits to having a prenuptial agreement, individuals planning on marrying may wonder what can be included in a prenuptial agreement. A variety of important topics and considerations may be covered by a prenuptial agreement.
Just as it is important to plan in advance for the wedding and make necessary arrangements before the big day, it is also important to address a prenuptial agreement well in advance of the marriage. To begin with, it is important to list all assets and debts. The couple will need to determine how to characterize their property, so as to determine if it will remain separate or be treated as marital property in the event of divorce. In addition, a determination of reimbursements, or status as gifts, for separate property contributions also should be considered.