What is a prenuptial agreement?

A prenuptial (or antenuptial) agreement is a written contract between a man and woman contemplating marriage. It must include a full disclosure of all of their assets and liabilities. It should also include details of how they agree their financial matters will be handled during their marriage, as well as in the event of divorce or death.

Who needs a prenuptial agreement?

Prenuptial agreements are commonly used by people who have accumulated assets, such as real estate or investments, and want to continue to keep ownership and control of those assets regardless of the marriage they are planning.

When is the best time to prepare a prenuptial agreement?

Once two parties decide to marry, they should allow sufficient time to negotiate and finalize the agreement, including retaining and counseling with an attorney. This process may take several weeks, and should occur well in advance of the wedding. A last minute effort that does not truly reflect both peoples' wishes may nevertheless be enforced by a court, and should be avoided.

Does a prenuptial agreement have to be filed with a court?

No, the parties can simply retain their agreement with their other valuable papers. They can keep its contents strictly confidential between the two of them and their legal counsel.