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Thursday, January 27, 2011

What is a Prenup?

A prenuptial agreement, more commonly known as a prenup, is not just a lyric from a Kanye West song, but a legally binding contract entered into prior to a marriage by both parties. The scope of a prenuptial agreement can vary widely and have various terms and conditions, but typically includes an outline provisions for division of property, as well as, spousal support in the event of divorce. When partners decide on a prenuptial agreement, usually a significant area of the marriage is discussed like money and business agreements. A prenup may also include terms for the forfeiture of assets as a result of divorce on the grounds of adultery; further conditions of guardianship may be included in the document as well.
Furthermore, a prenuptial agreement often has a "sunset clause". This clause usually means that the prenuptial agreement is invalid after a predetermined length of time, or after the couple has a fulfilled a prior agreement, such as a child together. If the sunset clause is ignored or unfulfilled the prenuptial agreement is null and void. Sunset clauses vary from state to state.
If you are searching for a family law attorney, contact the professionals at Thering McCarley, Attorneys at Law.
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