If you are using a postnuptial or prenuptial agreement as part of your estate planning, be sure to audit every component of your assets before your marriage or remarriage. Failure to identify certain assets can cause financial frictions in your family later.
While your primary assets are easily identified and addressed in your estate planning, there may be other items to include in your postnuptial agreement or prenuptial agreement:
- Art collections or valuable works of art;
- Any collections of value, such as baseball cards, watches, designer clothing, and more;
- Jewelry, especially the engagement ring, and jewelry that is passed from generation to generation;
- Home gyms and sports equipment;
- Home entertainment centers;
- Sophisticated security systems;
- Valuation of your business now with allowances for its value as it fluctuates over time in the future;
- Genetic material, harvested in the past or to be collected in the future in the event of illness;
- Rights to businesses that you have not yet founded, but may, in the future;
- The value of time spent by your spouse in helping your business;
- Pets, their custody and care during vacations and end of life, and property related to the care and housing of pets;
- Vehicles, including those not being actively used or stored elsewhere;
- Original copies of significant pictures and documents;
- Low financial worth but highly sentimental items of value to you and your family;
- Division of labor in the household, including before and after the birth of children and during pregnancy;
- Patents and anything else to which you own the intellectual property rights, both now and into the future; and
- Recreational vehicles, such as boats, RVs, 4-wheelers, and more.
Such items should be labeled directly in your prenuptial agreement (or postnup) to ensure that they are transferred (and insured) as you intended.
Do you know what can and cannot be included in your prenuptial agreement by law? Do you know what you personally want to address with a prenup attorney? At Just Prenups Law Firm, our intake and review process helps you to think carefully through your property, intentions, and issues for those are remarrying.
When prenuptial (and postnuptial) agreements are written carefully – with the professional legal counsel of an experienced Florida prenup and family law attorney – they are extremely difficult to contest successfully.
Warning: All posts on this website and partner website, JustPrenups.com, contain general information about legal matters for broad educational purposes only. The information is not legal advice and should not be treated as such. This blog post does not create any attorney-client relationship between the reader and the DADvocacy™ Law Firm.