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What is a prenuptial or prenup agreement?

A prenuptial agreement, often referred to as a “prenup,” is a legally binding contract that two individuals enter into before they get married or enter into a civil partnership. The primary purpose of a prenuptial agreement is to outline how assets, debts, and other financial matters will be handled in the event of divorce, separation, or the death of one of the spouses.

Here are some common elements that can be included in a prenuptial agreement:

  1. Property division: Prenups can specify how property, assets, and debts acquired before or during the marriage will be divided in the event of divorce or separation. This can include real estate, investments, businesses, and personal possessions.
  2. Spousal support: Prenuptial agreements can establish whether one spouse will provide financial support (alimony or spousal maintenance) to the other in the event of divorce and, if so, the terms and duration of such support.
  3. Inheritance rights: Some prenups address how inheritance rights and assets received from family members will be treated during a divorce.
  4. Financial responsibilities: The agreement can outline each spouse’s financial responsibilities during the marriage, including how expenses will be shared or managed.
  5. Personal assets: Prenuptial agreements can protect personal assets acquired before marriage, such as inheritances, gifts, or specific items of sentimental value.
  6. Child-related matters: While prenuptial agreements cannot dictate child custody or child support arrangements (these are typically determined by the court’s best interests standard), they can include provisions related to financial support for children and educational expenses.
  7. Legal process: The agreement can specify the jurisdiction or legal process that will govern any divorce or separation proceedings.

Prenuptial agreements are subject to state or jurisdictional laws, and their enforceability can vary. To be valid and enforceable, a prenup generally needs to meet certain criteria, such as being voluntarily entered into by both parties with full financial disclosure and without duress or coercion. It’s advisable for individuals considering a prenuptial agreement to consult with legal counsel to ensure their agreement complies with the relevant laws and serves their interests.

It’s important to note that while prenuptial agreements are often associated with divorce, many couples enter into them to provide clarity and security in their financial arrangements, rather than with the expectation of a divorce.

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A Living Trust is a financial tool that lets you plan, organize, and protect your life. It’s a personal entity that allows you to add assets and plan out your inheritance. Eliminating legal battles, cost, and time spent by your loved ones. 

Think of it like a personal LLC that you put everything you own in. Except it doesn’t protect you from liability like an LLC does, it protects you from probate and conservatorship. 

Probate is the complicated court process (12-18 months) where a judge decides what happens to your assets after you die, become incapacitated, or are “deemed” incapable. Creating a living trust allows your assets to completely circumvent probate and immediately transfer to your loved ones. 

In addition to being able to name heirs (your beneficiaries), a Trust also allows you to assign someone to manage it (your successor trustee). Instead of going through probate, your Successor Trustee takes control of the Trust, handles your affairs, and distributes your assets according to your instructions. The person you select as Successor Trustee should be your most trusted person. Like a best friend or closest family member.

At Dynasty, we believe everyone should have a Living Trust. If you have children, assets, or plan to acquire assets in the future, you should create a Trust. That way when you buy your next home, open a bank or brokerage account, get startup shares, etc. – you can immediately title them in your trust.