A Prenup Can Stop Debt from Destroying a Marriage Just as you can specify in a prenup that certain assets you owned at the time of the wedding will not become marital property, you can make similar provisions about debts.

Do you have to disclose debt in a prenup?

For example, a prenuptial agreement can address property and debt division, spousal maintenance and attorney’s fees. In other words, both parties are supposed to disclosure all the assets and debts that they are bringing into the marriage. Disclosing income is also important for a prenuptial agreement.

What happens if you lie on a prenup?

If your ex lied about or concealed assets, debt, or made some other misrepresentation in the prenup itself, the agreement may be rendered unenforceable. Duress. If you were forced to sign your prenup by threats or acts of violence, your prenup may be set aside for duress.

Can a prenuptial agreement save you from a spouse’s debt?

If your spouse has a tendency to rack up debt, you could one day be on the hook for it. But a prenuptial or postnuptial agreement can help protect you – and your assets.

Can a prenuptial agreement be struck down by a judge?

Prenuptial agreements are designed to address financially based issues. Any prevision discussing non-financial issues will not be upheld. Judges grow uncomfortable when they see private domestic matters included in a contract, and will often view the document as frivolous, striking it down.

Why do you need a prenup and a postnup?

“Prenups and postnups can help protect you from debt that’s incurred by your spouse,” says Christopher Melcher, a family law attorney in Los Angeles.

Can a spouse be liable for the other spouse’s debts?

-However, a spouse’s earnings during marriage [even though community property], are not liable for the premarital debts of the other spouse, including a financial account containing those earnings, as long as the other spouse does not have access to that account, and no significant amount of non-earnings are comingled in that account.