Today, more and more couples are entering into prenuptial agreements (also referred as antenuptial agreements) than ever before. This is partly due to the fact that, in many cases, both parties are employed and bring assets into the marriage. Typically, parties want to define their rights and obligations concerning support and assets, if the marriage does not work. Issues of custody, visitation and child support are generally not addressed in a prenuptial agreement.
Preparation of a prenuptial agreement is not as simple as "he keeps what he has and she keeps what she has." There are many other factors that must be considered in the drafting of such an agreement, including but not limited to the following, to wit:
- What happens if the parties sell the respective premarital houses and buy another one after they are married? How would the equity be divided?
- Should a spouse receive the same amount of support if the marriage lasts three months, three years, or 30 years?
- What liabilities are each party bringing into the marriage?
- Has one party assisted the other party in increasing the value of a separate, non-marital asset?
