Premarital agreements, also called prenuptial agreements, provide a measure of security for couples in the event of a divorce. This is a legally binding contract that must be entered into willingly. There are certain issues that are off limits for these agreements, such as child support and custody. These decisions are based on the best interests of the child at the time of the divorce, not negotiated in advance.

According to the Uniform Premarital Agreement Act, the agreement must be:

• In writing
• Signed by both parties prior to the marriage
• All assets and liabilities must be disclosed
• Signed in contemplation of getting married

Failing to disclose all assets and debts could result in the court voiding the agreement due to lack of disclosure. In addition, if a spouse did not enter into the agreement voluntarily or the provisions of the agreement are deemed unconscionable by the court, the court may void the agreement. Each party should be represented by a separate attorney to ensure that the agreement is fully understood.