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When you should consider a pre-nuptial agreement

The last thing you want to think about when you're in love is the possibility that it won't last forever. But prenuptial agreements make a lot of sense, if only to open up important discussions about your mutual financial picture. Here are nine times to consider a prenup. 

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Bobby Yip/Reuters/File
Couples kiss after exchanging rings during a wedding ceremony at the Peak in Hong Kong, an event to celebrate weddings on the date of December 12, 2012. It鈥檚 always a good idea to begin your relationship with a firm grasp of what constitutes good financial habits, and a prenuptial agreement could be a big part of that.

The idea of a prenuptial agreement is distasteful for many couples, for understandable reasons: The last thing you want to think about when you鈥檙e in the love is the possibility that it won鈥檛 last forever.

But prenups make a lot of sense, if only to open up important discussions about your mutual financial picture. You don鈥檛 want to be arguing about money after you鈥檙e married. A big benefit of a prenup is the precedent it sets for honest, frank communication. Better to clear the air now than try to do so later on after conflict arises. And it鈥檚 better to work through complicated financial questions when feelings are still warm and fuzzy, instead of later on when life鈥檚 responsibilities and worries have built up over the years.

Still not sure if you want or need a prenup? Here鈥檚 a checklist to help you decide. If more than a couple of these points apply to you, a prenup might be to your benefit:

  • You own part or all of a business,听particularly a startup, or you have听听in a startup that might greatly increase in value in the future.
  • You plan to听听迟辞驳别迟丑别谤,听or one of you already owns a home (particularly in a highly appreciating real estate market).
  • Either of you is expecting a gap in income听due to such things as returning to school or staying at home to raise children. A prenup can make sure you both share the financial responsibility and opportunity costs of raising kids. It can also make sure that the needs of the partner who helped put the other through school to obtain a higher-paying job are addressed in the event of a divorce.
  • You want to keep some assets separate, such as your parents鈥 old home or a vacation home.
  • You have other beneficiaries听you want to keep in mind, such as aging relatives, nieces and nephews, or children from another marriage.
  • You have a large inheritance coming down the road.听听are generally considered separate property. But if community property income is commingled with inherited assets (in an investment account, for example) or used to maintain them (as in the case of real estate), the audit trail can get murky.
  • You have a big difference in the amount of assets (or debt)听each of you is bringing into the marriage. Generally, what each person brings into the marriage remains his or hers. But wrinkles abound. For example, what happens if one partner uses community property income to pay off pre-marriage听, leaving the other partner to shoulder a bigger share of household expenses?
  • You worry about your partner鈥檚 debt or spending habits.听If your partner has lots of debt and you get divorced, you probably don鈥檛 want to find yourself saddled with half of that debt. Unpaid taxes and liens are especially dangerous.
  • You want to address spousal support upfront,听so that it鈥檚 already dealt with in the event of a divorce. This could reduce conflict later on that has to be litigated, and which could end up being more costly than what you would have spent on the prenuptial agreement in the first place.

Keep in mind you can鈥檛 make any provisions for child custody, visitation or support in a prenuptial agreement. These will be addressed at the time of a divorce or separation. Also, many attorneys won鈥檛 do a prenup if there is less than six months until the wedding, so get the ball rolling early. It鈥檚 best if you both have separate counsel, and full disclosure is necessary, or the prenup may be voided down the road.

It鈥檚 always a good idea to begin your relationship with a firm grasp of what constitutes good financial habits.听听to get started in the right direct on planning for your financial future.

Learn more about Steve on NerdWallet鈥檚听.

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