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Asking your fiance to sign a prenuptial agreement can be awkward, but it doesn't have to be. While it's tempting to skip the conversation to avoid any awkwardness, there is a way to approach it while minimizing any uncomfortable feelings.

Prenuptial agreements or marriage contracts are not enforceable in any court in India. Such agreements have persuasive value only, that is, they show the intention of the parties entering into marriage regarding maintenance/alimony or division of assets at the time of entering a marriage.

"Every couple can benefit from a well-drafted prenuptial agreement. However, there are specific circumstances when a prenuptial agreement is even more important," Dorik Goikhman, attorney, mediator and founder of Off the Record Mediation Services LLC, says.

And while some people think that only wealthy individuals should consider getting a prenuptial agreement, that actually couldn't be further from the truth. Prenups are also beneficial if: You had children prior to your relationship and there are assets that you only want them to have if you die.

The point of a prenup is to define each person's rights and responsibilities if the marriage ends?either through death or divorce. By outlining who keeps what, who pays for what and who's responsible for what, a prenup could help you protect your assets and shield you from your partner's debts.

A disclosure schedule can be included as an addendum to your prenuptial agreement. Your disclosure schedule should list all assets of both parties. It should outline the value of your assets and any outstanding debts and liabilities. You'll need to include information related to any income sources and their amounts.

Prenups should be reasonably fair. There doesn't need to be a perfectly equal division of assets, but prenups should also not leave someone with a bunch of debt and no assets, especially when they are staying home with the children and taking care of the house (i.e., they have no real way of earning an income).

In California, a prenuptial agreement can be voided depending on several factors, including improper timing, coercion, and mishandled procedures. Each state has its legalities regarding prenuptial agreements. California follows Family Code 1615, which governs the handling and enforceability of prenups.

In most situations, divorce court judges don't show much interest in what's fair; so long as both parties agreed to the prenup, they will uphold it. However, if a prenuptial agreement is extremely lopsided, with one party getting everything and the other receiving nothing, it could be thrown out.

These documents need to be revised, refreshed, updated and reaffirmed through a post-nuptial agreement on a regular basis. This is advised every five years, but at the very least, couples should re-affirm their agreements every 10 years. Failing to do so could cause a prenup to appear stale and outdated to the court.