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I just want a simple prenuptial agreement that says in the

Customer Question

I just want a simple prenuptial agreement that says in the event of a legal separation or divorce that any property or debt in my name only belongs to me and vice versa. Also any property or debt in both of our names is shared 50/50. Is that possible?
Submitted: 7 years ago.
Category: Family Law
Expert:  AttorneyTom replied 7 years ago.

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Answer:


Yes and no.

A prenuptial agreement to that extent is possilbe in many cases. However, you will need to have an attorney draft the agreement and ensure that all of the appropriate disclosures have been made. Courts often have discretion in whether or not to enforce a prenuptial agreement. Accordingly, if a court can find an excuse not to do so, a court may choose not to enforce such an agreement if the circumstances call for it.

Further, prenups often involve a great deal of negotiations between future spouses and their attorneys.

To answer your question:
Such a prenup is possible.
However, no prenup is truly simple.


You would be prudent to take this matter to an attorney immediately. He will be able to evaluate your assets and determine the best method of protecting them. He will also be able to help you draft a prenup so as to help you have the maximum probability of enforcement.

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You should consult an attorney who is licensed to practice in your state about these matters. You can find an attorney licensed to practice law in your state through your state's lawyer referral services:
http://www.abanet.org/legalservices/lris/directory/

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