Premarital or prenuptial agreements are contracts made before marriage that specify the treatment of assets and debts in the event of divorce or death. Parties can contract for the disposition of assets and debts, purchase or sale of property, disposition of property upon separation, dissolution, death, or any other event, modification or elimination of spousal maintenance, making of wills or trusts, choice of law, and any other matter not in violation of public policy. The parties cannot provide for a determination of child custody, nor can they adversely affect the right of a party to receive child support.
Premarital or prenuptial agreements are highly advised for people who enter marriage with assets that they may want to pass on to children of a prior marriage or may want to retain if the marriage ends.
