What is a Premarital Agreement and Who Benefits?

A premarital agreement is a contract agreement that a couple enters into before the marriage, and that agreement sets out what would happen in the event of divorce and how their marital assets would be divided. There are many good reasons why someone may want a premarital agreement. This may be their second or third marriage and they want to protect their assets and estate for their children.

Another person who would benefit from a premarital agreement is someone who has a business and may acquire different businesses or sell those assets and then acquire different business entities and they want to protect those assets. Or somebody who anticipates receiving a substantial inheritance or gift and wants to protect those assets and income from those assets.

A premarital agreement can be negotiated and should be negotiated. Even though one spouse is coming to a marriage with lots of assets and may want to protect those assets, it does not mean that the non-moneyed spouse does not have the power or the right to ask for certain terms in the premarital agreement to provide security, or financial security for him or her going forward.

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