
A plan for the unexpected
As unromantic as it may seem, prenuptial agreements can be an important and healthy part of a marriage.
A prenuptial agreement (also known as “prenup”), antenuptial agreement, or premarital agreement is a contract signed before two people are wed. This contract between partners can be used to outline alimony or spousal support, child support, personal property, and more in the event of divorce.
Similarly, a postnuptial agreement is a prenup that is signed after marriage.
Division of property
These legal documents clearly state the division of property should the marriage end. Different states have their own divorce laws in regard to property rights.
Typically, assets acquired before marriage are non-marital or separate property and assets purchased during the marriage are marital property. Legal rights to these assets, like real estate, can vary depending on the state law and whether you live in a community property state.
If these things aren’t outlined prior to marriage or during the marriage, they have to be mediated or negotiated in the court of family law as part of the divorce process.
According to the National Center for Health Statistics, roughly 42% of marriages end in divorce. Discussing financial information before you get married can make things much easier in the event of a divorce.
A conversation that can strengthen your marriage
Although uncomfortable, talking through sensitive financial issues related to the creation of a prenup agreement and confirming you’re on the same page as your future spouse can strengthen your relationship now.
Issues commonly addressed by Prenuptial Agreements
Wealth: One partner earns substantially more money or is considerably wealthier than the other at the time of marriage.
Children: Children from a previous marriage raise potential custody, child support and visitation issues.
Assets: One partner owns a lucrative business or other valuable property that they want to protect.
Debt: One partner brings substantial debt to the marriage that the other would not want to be responsible for if they went through a divorce.
Even if neither party has kids or significantly different financial obligations or assets, discussing a few key issues now may help avoid headaches later.


A suite of helpful resources
The first step is to figure out if you need a prenuptial agreement. If you determine you want a prenuptial agreement, next seek independent legal advice to ensure the document is comprehensive and legally binding.
LegalShield is your partner in successfully navigating the sensitive and challenging legal issues raised by marriage.
Get educated
If you’re not sure you need a prenuptial agreement or you’re not ready to engage with a lawyer to create a legally binding document, prepare yourself with these educational resources.
- 7 Reasons to Get a Prenup
- What is a Prenuptial Agreement and How Does it Work?
- The Legal Guide to Getting Married – A comprehensive guide that covers prenups and other marriage-related legal issues, such as name changes, child custody, and your Will and Living Will.
Get legal help
Ready to create a prenup? With a LegalShield plan, you have access to a provider law firm for advice and consultation. Our legal plans include a host of other valuable legal services.
- Unlimited consultation with a lawyer.
- Legal forms and document review.
- A lawyer-created Will and Living Will.
- Letters and calls on your behalf to resolve disputes.


How LegalShield can help
Any divorce is going to be complicated and only gets more so when kids, houses, and 401ks are added to the mix. Signing up for a LegalShield membership to get legal advice is the smart way to tackle your divorce, especially in considering what you can save in lawyer’s fees.
LegalShield’s divorce services include consultation on your home and accounts and other assets and how they may be divided; your obligations to your common debt; the custody arrangements for your children; and the review of any prenuptial agreements or any divorce documents that you need to submit, all at a low monthly price.
You can’t avoid the filing fees that come with a divorce, but you can avoid spending a fortune on the necessary legal services.
Dive deeper into Family Law
Child custody
Name change
Divorce

How it works
Use the app or your computer to fill out a short form and tell us what kind of help you need.
Speak with an experienced lawyer who knows your state laws, usually within a business day.
Get trusted legal advice, resolve your issue, and move forward with confidence.
What people are saying
Frequently Asked Questions
A lawyer can help give guidance and help clients understand their rights and obligations. From advice to helping negotiate fair agreements, from resolving disputes to advocating in court, lawyers can help minimize the emotional and financial stress associated with family law matters.
Generally speaking, it’s a good idea to get legal advice on any family law issues to ensure that your rights, and those of your loved ones, are protected.
Instead of paying a lawyer by the hour, you pay a small membership fee for access to a provider law firm in your state for the legal services membership you select. Prices and coverage vary depending on the membership services you select.
Hiring lawyers the usual way can cost hundreds per hour. But with LegalShield you pay a small fee and get access to experienced lawyers who can help with any number of family law issues.
Membership applications are reviewed within 72 hours. Once approved, you can contact your lawyer to start using some perks of your membership. Other benefits have a waiting period. See your member contract for details.
For over 50 years, LegalShield has made it affordable and easy for its members to connect with its network of vetted, dedicated law firms across the United States and parts of Canada. Lawyers average 22 years of experience. Please note that LegalShield provides access to legal services offered by a network of provider law firms to its members.


