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  1. Q&A
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  5. Prenuptial Agreements

Prenuptial Agreements Legal Answers

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Can a prenup cover child custody if my marriage doesn’t work?

After 5 years of dating and having a child together, my boyfriend and I are engaged. I have a lot more assets than he does and he has a large student loan. I want to get a prenup to protect what I have and to not be responsible for his debt. What do I need to do to get a prenup and can the same lawyer represent both of us to save on legal fees? Also, a few times during our relationship he’s threatened to take our son from me if we ever split up. I work a lot and he’s been the primary caregiver. I want to make sure that if we did end up getting a divorce, I have at least equal time with my son. Can we include that in a prenup now? Would a court consider that I have to work to support us if we did end up fighting over custody?

Miami, FL
Mar 15, 2021
Will a prenuptial agreement protect my inheritance in a divorce?

I’m about to get married and I’m considering a prenup. I’m due to get a large inheritance when my father passes and I want to make sure I maintain control of that money if my future husband and I ever divorce. I have a child from my first marriage and I want to be able to use some of the inheritance to pay for her college and other things she might need. Do I need a lawyer to draw up a prenuptial agreement and will it actually ensure that my husband doesn’t get any part of my inheritance if our marriage doesn’t work? Also, he’s from Panama and has only been in the states for a year. He’s still learning English. Do I need to have the prenup drafted in English and Spanish, or is it enough if I read it to him before he signs?

Atlanta, GA
Mar 15, 2021
Can I get a prenup in both English and Spanish?

I am about to get married and think I might need a prenup. I’ve been working toward starting a business and if it does well, I might earn substantially more money than I am earning right now. My wife has a good job now as an interpreter but is talking about quitting her job after we marry to have kids. I want to protect myself from an alimony claim if my fiancé and I get married and it doesn’t work out. She is from Nicaragua and speaks and reads mostly Spanish. What do I need to do to get a prenup and should it be in English, Spanish, or both?

Chicago, IL
Mar 15, 2021
Can I get out of a prenup if I was forced to sign it?

My husband and I are getting a divorce and we have a prenuptial agreement. I only signed it because he told me he would not go through with the marriage if I didn’t. A lot has changed since we got married, including him getting a much higher paying job and me leaving my job to raise our two kids. I waived alimony in the prenup and that just doesn’t seem fair at this point given what he earns. Is there any way for me to overturn the prenup and get a more fair divorce settlement?

Chicago, IL
Mar 15, 2021
What happens to a prenup if the marriage didn’t occur?

My former fiancé and I had a prenup drafted and we signed it. However, we broke up a few weeks before the wedding. The prenup said I would add my ex’s name to my house and he would have an interest in it. He’s now saying the prenup is still a legally binding contract because we both signed it and it was notarized. He is demanding that I ‘buy him out’ of his interest in my house or he is going to sue me to enforce the contract and get his name added. Is the prenup still valid if we didn’t get married and if so, what do I need to do to keep him from getting his name on the house deed?

Raleigh, NC
Mar 15, 2021
Can I require my fiancé to show me his finances for a prenup?

I’m engaged and my fiancé wants me to sign a prenuptial agreement. He says he’ll have his lawyer prepare it and all I need to do is sign. My concern is that I don’t know what I’m possibly giving up. He’s very private about his finances, we don’t have joint accounts, and he doesn’t want to have them even after we marry. He says that as long as he’s taking care of all the bills, it shouldn’t matter what money or property he has coming into the marriage. Can I make him disclose his financial situation before I sign a prenup? I am not only concerned about what I might be losing if we ever did divorce, I’m also concerned about being responsible for any debt that he might have now that I don’t know about.

Seattle, WA
Mar 15, 2021
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