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Prenuptial agreement clauses
This list should help you think about what you would like in your prenuptial agreement, and may help generate some talking points with your fiancé before you get started.
Note: This is not a complete list of all HelloPrenup clauses. The below list is intended to give you an idea of some of the clauses we offer, and how they operate. This list is purely informational and is not legal advice. If you would like to obtain legal advice regarding one of the below clauses, you should contact an attorney.
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Background section
Also known as the “Recitals” section of a contract, the background section will require some basic information that will be used on the first page or so of your prenuptial agreement. This section is usually referred to as the “Recitals” or “Preamble” section of a prenup, and is meant to outline basic information about the parties, and their intentions for this agreement. You will be asked questions that include your full name, date of birth, address, your intentions behind entering into this prenuptial agreement, whether or not you are employed and if employed where you are employed, as well as your general health.
Defining Property
In the Separate Property and Marital / Community Property sections, you will determine which categories of property should remain as just yours, “Separate Property,” and which property should become “Marital Property” or “Community
Property” (depending on which state you live in).
Property” (depending on which state you live in).
Separate Property Section
Separate Property refers to assets that are owned or acquired by an individual prior to or during the marriage and are not subject to division in the event of a divorce. You will define the categories of property that should remain separate and only yours during your marriage. These assets can include things like real estate, bank accounts, investments, and personal property such as cars, furniture, jewelry, and other valuables, as well as financial gifts, trusts or inheritance.
Alimony
Alimony, also known as spousal support, is a legal obligation for one spouse to provide financial support to the other spouse after a divorce or legal separation. It is intended to help the receiving spouse maintain the same standard of living that they had during the marriage.
The purpose of alimony is to provide financial assistance to the dependent spouse, ensuring that they have sufficient resources to meet their basic needs and maintain their standard of living after the divorce. Alimony can be either temporary, which is paid during the process of the divorce, or permanent, which is paid until a specific event occurs, such as the remarriage of the receiving spouse, social security retirement age, or the death of either party.
The amount and duration of alimony is determined by state law or guidelines, considering several factors such as the length of the marriage, the earning capacity of each party, the contributions of each party to the marriage, and the needs of each party. The court will also consider the financial needs of each party, including the ability to support themselves after the divorce, and whether one party is at a disadvantage due to the divorce.
Learn more
The purpose of alimony is to provide financial assistance to the dependent spouse, ensuring that they have sufficient resources to meet their basic needs and maintain their standard of living after the divorce. Alimony can be either temporary, which is paid during the process of the divorce, or permanent, which is paid until a specific event occurs, such as the remarriage of the receiving spouse, social security retirement age, or the death of either party.
The amount and duration of alimony is determined by state law or guidelines, considering several factors such as the length of the marriage, the earning capacity of each party, the contributions of each party to the marriage, and the needs of each party. The court will also consider the financial needs of each party, including the ability to support themselves after the divorce, and whether one party is at a disadvantage due to the divorce.
Antenuptial Contract (ANC)
The same thing as a prenup! This term is legalease, but the concept is the same.
An antenuptial contract, also known as a prenuptial agreement or premarital agreement, is a legal contract entered into by a couple before they are married. The purpose of an antenuptial contract is to establish the rights and obligations of each party in the event of a divorce or death. It is a legally binding agreement that can be used to define the financial rights and responsibilities of each spouse during the marriage and in the event of divorce or death.
Learn moreAn antenuptial contract, also known as a prenuptial agreement or premarital agreement, is a legal contract entered into by a couple before they are married. The purpose of an antenuptial contract is to establish the rights and obligations of each party in the event of a divorce or death. It is a legally binding agreement that can be used to define the financial rights and responsibilities of each spouse during the marriage and in the event of divorce or death.
Assets
Property (real or personal) that is of value, and that you may be getting a prenuptial agreement to protect. Examples include accounts, houses, cars, investments, etc.
Attorney
A person who is a member of the legal profession who is admitted to practice law in a jurisdiction in the United States.
Benefactor
In the context of a trust or estate planning document, a benefactor is the person or entity who establishes and funds the trust. The benefactor is also known as the grantor, settlor, or trustor. The benefactor creates the trust by transferring assets, such as cash, real estate, or securities, into the trust, and by appointing a trustee to manage the trust assets on behalf of the beneficiaries.
The benefactor can also be a beneficiary of the trust, receiving benefits from the trust during their lifetime or after their death, or they can be a third party who sets up the trust for the benefit of others.
The benefactor can also be a beneficiary of the trust, receiving benefits from the trust during their lifetime or after their death, or they can be a third party who sets up the trust for the benefit of others.
Beneficiary
In the context of a trust or estate planning, a beneficiary is a person or entity that is entitled to receive benefits from the trust. A trust is created by a benefactor (also known as grantor, settlor, or trustor) who transfers assets, such as cash, real estate, or securities, into the trust and appoints a trustee to manage the trust assets on behalf of the beneficiaries.
The beneficiaries of a trust are determined by the terms of the trust document and can include individuals, organizations, or even future generations. A trust can have one or more beneficiaries and they can be either primary or secondary beneficiaries.
Beneficiaries may receive benefits from the trust in the form of income from the trust assets, the use of trust property, or a distribution of trust principal. The terms of the trust determine the timing, amount and conditions of the distributions to the beneficiaries.
The beneficiaries of a trust are determined by the terms of the trust document and can include individuals, organizations, or even future generations. A trust can have one or more beneficiaries and they can be either primary or secondary beneficiaries.
Beneficiaries may receive benefits from the trust in the form of income from the trust assets, the use of trust property, or a distribution of trust principal. The terms of the trust determine the timing, amount and conditions of the distributions to the beneficiaries.
Billable hours
Hours that will be billed to you by your lawyer or attorney based on the complexity of your prenup.
Bonuses included in the financial schedule of your prenup
Additional payment on top of salary. Can be performance based or company based. Make sure to include bonuses in your financial schedule.
Learn moreChild support
Payments made by a parent to the other parent in order to provide for their child. Child support statutes or guidelines differ per state and individual state laws define child support more specifically. Child support cannot be contracted in a prenuptial agreement.
Learn moreClause in a prenup
Clauses or provisions in a prenup are the specific sections of the agreement that set out the rights, obligations, and responsibilities of the parties involved in the event of a divorce or death. Prenuptial agreements are legal contracts that are entered into by a couple before they are married, and they are intended to establish the financial rights and responsibilities of each spouse during the marriage and in the event of divorce.
Clauses or provisions in a prenup can include:
Clauses or provisions in a prenup can include:
- Property division: including how assets and debts acquired during the marriage will be divided in case of divorce.
- Alimony or spousal support: specifying the amount and duration of alimony payments in the event of divorce.
- Waiver of alimony or spousal support: both parties can agree to waive the right to alimony.
- Distribution of assets in case of death: specifying how assets will be distributed in case of death of one of the parties.
- Business: specifying how a business will be handled in the event of divorce.
- Retirement accounts and pensions: specifying how retirement accounts and pensions will be divided in case of divorce.
- Life insurance: specifying whether life insurance policies must be maintained during the marriage or in the event of a divorce.
Changes to this policy
Please note that we may modify or update this Policy from time to time, so please review it periodically. If we make material changes to how we treat Personal Information, we will notify you according to applicable law. Unless otherwise indicated, any changes to this Policy will apply immediately upon posting to our Site. You are responsible for periodically visiting our Site and this Policy to check for any changes.
Contact Us
If you have any questions about our practices or this Policy, please contact us at Support@helloprenup.com or 10 High St, Boston, Massachusetts 02110.
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