Older Americans especially find them useful when entering into another marriage. Upon death, it is mandatory in most states that at least half your assets be given to the surviving spouse - unless there is a premarital agreement. Your children can be guaranteed the vast majority of your estate if that's what you wish. . A premarital agreement is sometimes called a prenuptial or antenuptial agreement. It is a document prepared by a person before they marry which spells out their intentions regarding their assets if they should divorce or pass away.
Premarital agreements are valid in all states, but with some restrictions.
For example, it cannot be prepared making binding provisions about child support or alimony if the couple should divorce. Many states feel including provisions such as these tends to promote or encourage divorce, plus the fact that they would not be in the best interest of the child or spouse. This kit discusses in further detail what a premarital agreement is and when it can and cannot be used. It also includes three different premarital agreement forms. Full instructions are included to aid in filling out the forms. . .