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Here are some of the things you may need to gather prior to getting a prenup: Income (tax returns, pay stubs) Debt (mortgage statements, car loans, medical debt bills, student loan statements, etc.) Accounts (bank account statements, retirement plan statements, investment account statements, etc.)

Trusts and family vehicles such as limited liability companies (LLCs) can offer wealth protection features similar to premarital agreements. As an initial matter, trusts can be useful in keeping a family's intergenerational wealth separate from marital assets. That's especially true of discretionary trusts.

Postnups also have some potential problems as well. For one, because of the greater presumption that partners to a marriage are less able to make independent decisions and are more subject to coercion, a postnup may be even less enforceable than the typical prenup.

Can I Protect my Assets Without a Prenup? Consider a post-nuptial agreement. ... Keep your own funds separate. ... Keep your own real estate separate. ... Keep retirement accounts statements issued prior to and at the date of marriage.

If they are done well, prenups can be very good in certain cases. Being in a family business is a good reason to have a prenup. You don't want to have to break up the business if you get divorced. That would be unfair to the spouse who is in the business and to his or her family.

The best way to protect assets is not a prenuptial agreement, but via an irrevocable trust. This helps to keep the assets outside your marital estate and is more difficult to contest in court.

What is an infidelity clause? An infidelity clause in a prenup or a postnup is a clause by which a spouse who commits adultery gives up financial benefits upon divorce. Their legality is questionable, with no Colorado cases on point, but recent decisions from other no-fault states reject their enforceability.

What Should be Included in a Prenuptial AgreementPremarital assets and debts.Children from previous marriage.Marital assets and debts.Marital responsibilities.Work.Family property.Property division in divorce.Dec 8, 2020

5 Things You Cannot Include in Your Prenuptial Agreement Nonfinancial Rules. Anything Illegal. Terms Involving Child Custody or Support. Unfair or Unreasonable Terms. Incentive for Divorce.May 23, 2016

Not Correctly Executed: Each party is required to sign a premarital agreement prior to the wedding for the agreement to be deemed valid.If one party provides the other party with information that isn't true, it invalidates the agreement.