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Linda D. States

Millennials considering prenups: what to include, leave out

If you are a millennial and getting married, chances are you approach the event very differently than your parents did. You may be more inclined to have a non-traditional registry, for example, or opt for digital RSVPs instead of paper.

You could also be more likely to have a prenuptial agreement, according to recent statistics. If you are considering this as an option, then you should know what you likely can and cannot protect with a valid prenup.

What you can include in your prenup

One of the basic purposes of a prenup is to protect separate assets as such, though you can protect other items as well. For instance, you might also address:

  • Increase in value of separate assets
  • Business interests
  • Anticipated inheritances
  • Student loans and other debts
  • Assets for children of previous relationships
  • Family heirlooms
  • Some marital responsibilities
  • Spousal support expectations

What you may want to leave out

While your prenup should fit your specific needs, there are some items that cannot be enforced. The following issues and terms could invalidate an agreement, so it is generally wise to leave them out. 

  • Child support
  • An agreement to give up rights to spousal support
  • Grossly unfair terms
  • Incentives for divorce
  • Illegal provisions
  • Personal preferences

If these are the items you would want to protect with a prenup, then it may not be right for your case.

However, if you have assets that a prenup can protect, it can be crucial to at least consider the possibility of having one. While they may not be the most romantic agreement a couple can make, they can provide the type of protection millennials often appreciate.

Making sure your agreement is enforceable

Determining whether you need a prenuptial agreement is only the first step in protecting yourself and your future in the event of a divorce. You will also want to ensure any agreement you do have is effective. To this, you can work with a family law attorney who can help you draft a valid agreement and avoid any mistakes that could potentially jeopardize the enforceability of the document. 

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