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Most couples use a prenup like financial planning tool, allowing you and your future spouse to discuss how assets and debt will be managed during the marriage, too. The terms of a prenup can determine assets, debt, alimony (spousal support), inheritances, gifts, taxes, joint bank accounts, pet custody, child planning, infidelity clauses, and much more.
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Keeping assets separate
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Financial gifts
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Inheritance
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The business owner
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01. Allows you the opportunity to discuss your dreams, desires, and goals for your marriage.
A prenup cannot govern how often (or how little…) you are required to see your in-laws each year, but having that conversation can certainly be a part of this discussion, among many others while talking about your prenup. You can cover non-financial lifestyle details by way of talking about whether or not alimony should be waived. Like, does one of you plan to stay home and raise the children? If one of you does leave their career for a few years, what happens financially to that spouse’s interest in the assets or alimony? This is really important to think about and gets into the gender wealth gap conversation.
02. Spousal Support and Alimony
You can limit or waive the amount of spousal support that would otherwise be required if you did not have a prenup. State laws or guidelines, which vary greatly, dictate the factors to be considered and the calculation of alimony or spousal support. In a prenup, you have the power to decide whether or not alimony will be paid!
03. Protect your business.
A prenuptial agreement allows you to protect your business from being subject to the involvement or control of the other spouse in a divorce. Ask Jeff Bezos who has learned this the hard way
04. Make sure you are on the same page.
As we love to say, “you are starting your life together… make sure you are on the same page.” A prenuptial agreement allows you to decide what assets are premarital, what should be marital assets, and what should happen to inheritance. Should it be marital, or remain separate? You decide. These conversations are essential to a healthy, happy, and long marriage.
05. Second marriages will greatly benefit from a prenup
Prenups protect the financial interests of individuals in a marriage, and this can be especially true when they get married older, or as a second marriage. A prenup for a second marriage provides a layer of protection by allowing couples to ensure their premarital assets that should be reserved for the benefit of their separate children, do not become marital or community property. Check out our article on a Second Marriage survivor’s story and why you need a prenup.
06. Can you really put a price on peace of mind?
Maybe. How does $599 sound? #KiddingNotKidding. The average prenup will cost about $2,500 per person if you hire an attorney to negotiate and draft your agreement. HelloPrenup offers a prenuptial agreement at $599. And, if you want to hire an attorney to assist with that draft? Easy peasy! Just send them the easily downloaded Word doc.
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s.
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s.
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s.
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s.
- Hiring an attorney (expensive, intimidating, and often overkill for straightforward finances)
- Going DIY online (cheap, but risky—you worry it won’t hold up in court)
Using HelloPrenup means you get the legitimacy and protection of an attorney-reviewed process with the affordability and convenience of an online platform.
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They even ask ChatGPT. They worry: *Is HelloPrenup legit?*
Then comes the “aha moment.
Suddenly, the anxiety lifts—because they see HelloPrenup is built to protect them, not trick them.
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With HelloPrenup, couples know:
A prenup allows you to decide what you want to be considered separate property vs what you want to consider marital property. Separate property often includes assets spouses owned before getting married or assets that were gifted or inherited. In general, a prenup can determine how marital property is divided and how separate property is treated.
Without a valid prenup, you could be liable for your spouse’s debt. This is a hot-button topic for couples marrying who have student debt (doesn’t almost everyone?) Limiting your debt liability, instead of having each spouse owe half of everything, including the debt, can substantially limit the stress on a relationship.
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s.
Usually, the lower-earning spouse is entitled to alimony from the higher-earning spouse. Alimony and spousal support are calculated depending on state law.
If you share a pet or pets, then it’s worth thinking about what will happen to them as you draw up your prenuptial agreement. In the event of a divorce, will one of you keep your pet? Will it depend on your living situation or income at the time of separation? This issue can become remarkably fraught and is often overlooked.
Spouses may receive certain gifts from family members during their marriage, ranging from cash to a car to jewelry. Prenups can group all gifts belonging to one of the parties and classify those gifts as separate property and not subject to division in the future.
A sunset clause is a creative way for your prenup to expire at a certain date and can ease the tension when discussing the provisions of a prenup.
Infidelity clauses are becoming more and more popular these days, but beware- they are not always enforceable. Many infidelity clauses impose a financial penalty for cheating. Although these clauses are not always enforced by courts, sometimes that is not the point. Instead, a cheating clause will act as an emotional understanding between the couple, ensuring they are on the same page.
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Prenuptial agreements cannot encourage divorce, such as giving a spouse a monetary incentive to get divorced.
This may not be included in your prenup because the rights of children cannot be contracted away in a prenuptial agreement.
Child support is dictated by state laws or guidelines that provide for a specific calculation. Each state is different. Any provision that attempts to control or limit the amount of child support will not be valid.
Provisions that delegate daily tasks or spousal duties that are not financial in nature may not be included. So, no, you cannot include provisions that require your spouse to have sexual relations with you a certain number of times a week or require that they remain under a certain weight. Celebrity lifestyle clauses are synonymous with these provisions, but we wouldn’t recommend including them as they will not be enforced!
Provisions that deprive a spouse of all assets and income, and therefore render them dependent on public assistance after a divorce are against public policy and not enforced.
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