How to Address Debt in a Prenuptial Marriage Agreement

When completing a prenuptial marriage agreement, one thing that you might want to consider addressing is debt. If one party has a significant amount of debt, it may not be a bad idea to include a section about it in the prenuptial agreement. Here are the basics of how to address debt in a prenuptial agreement.

Keep It Separate

If you happen to be worried about the spending habits of your future spouse, you may want to include a clause in your prenuptial agreement that says debts incurred prior to the marriage should stay separate. Although this is already accepted in the law, it never hurts to make sure that you will not be liable for your future spouse's debt. This way, if the marriage does not last, no one is going to count on you to pay the debt.

Legal Representation

When completing a prenuptial agreement, it is important that you obtain legal representation for both parties. You and your future spouse each need to have a lawyer present when completing the agreement. Otherwise, depending on which state you live in, the court may not uphold the prenuptial agreement. Your lawyer will be able to help you compose the prenuptial agreement document.

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