Many people call and tell me that they will be inheriting money or other property and want to protect it in the event they get divorced.  Usually inherited money or property is considered separate property and is not divided if you separate and/or divorce. However, many times a person who inherits money or property puts that money into a new home or other property bought during the marriage.  A Prenuptial Agreement or Postnuptial Agreement will clearly state what happens if you separate and have put your inherited money into a house or other property that becomes jointly owned with your husband or wife.

People who call my office ask me quite often whether they should have a Prenuptial Agreement.  The information below will give you some basics about what is included in a prenuptial agreement.

A Prenuptial Agreement or Premarital Agreement sometimes called a “Prenup” is an agreement entered into before you marry.  It is an agreement in which you and your fiancé can set forth what will happen to your separate assets and debts and your joint (marital) assets and debts, in the event your marriage ends, either in divorce or death.  It is a contract that cannot be forced upon your future spouse or signed under duress.  Your fiancé must have adequate time to review the agreement and consult an attorney to be sure the provisions are understood.

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