| Please note that this article does not provide legal | | | | cannot in general be signed away. Agreements are |
| advice. It is for information purposes only. Before | | | | especially common when there are assets set aside |
| putting together a prenuptial agreement, consult an | | | | for the children of previous marriages. |
| attorney. | | | | Prenuptial agreements cannot cover everything. In |
| This article discusses the basic of prenuptial | | | | fact, it is impossible in a prenuptial agreement to |
| agreements, including what they can and cannot do, | | | | make any commitments to or not to take care of |
| as well as what the usual purposes of these | | | | any minor children that are the result of the marriage. |
| agreements are. "Prenups" are not simply cynical plans | | | | For example, a prenuptial agreement that stated, "I |
| to cheat a future spouse. Everyone hopes that | | | | agree to give up custody of the children in case of |
| marriages will last for the rest of the couple's natural | | | | divorce," would simply not be valid (and it might even |
| lives. However, everyone knows that they do not | | | | invalidate the entire agreement. There are some |
| always end that way. They help couples protect | | | | rights that cannot be signed away, and one of these |
| assets in case the marriage ends. | | | | is the right to custody of a child. |
| Prenuptial agreements are signed for the purpose of | | | | Another important part of any prenuptial agreement |
| deciding what will happen to assets that each of the | | | | is what is called "disclosure". Before entering into an |
| husband and wife have in the event of the | | | | agreement, both parties must fully disclose the |
| dissolution of the marriage. Note that this dissolution | | | | extent of their present assets. If they do not, it |
| can include death as well as divorce, as someone can | | | | could potentially invalidate the entire contract. For |
| agree not to make claims on certain property, even | | | | example, if someone hides that he has thirty million |
| in the event of death. They can even be effective | | | | dollars in a bank account and pretends to be a |
| when there is no divorce. | | | | pauper, then signs a contract saying, "No past assets |
| In general, prenuptial agreements apply only to | | | | shall be distributed in case of divorce," it would likely |
| assets that people have when they enter into the | | | | invalidate the entire contract. People simply can't sign |
| marriage, not the assets that they make after the | | | | away rights to property that they don't know exist. |
| marriage. Rights to assets made during the marriage | | | | |