Getting married is a wonderful part of life, and most people don't want to contemplate the worst while planning a wedding.

While negotiating legal documents isn't romantic, a prenup can be vital in planning for the future.

What Is a Prenup or Prenuptial Agreement?

A prenuptial agreement — often called a “prenup” — is a legal document that lets couples determine what will happen to money, property and other assets if they get divorced. Prenups also affect what happens to property if one spouse dies.

These are also known as premarital agreements. A couple signs a prenup before their marriage. Postnuptial agreements are similar, but they are made by already married couples.

Without a prenup, couples are subject to their state's estate planning and divorce laws. These laws are not always favorable to a couple's unique situation and can lead to costly litigation. A few states follow community property laws, which apply unique rules to marital property in the event of a divorce or death. Couples don't always know or like the laws that apply to them, but a prenup can offer some control.

Legal Requirements for Prenups

Laws on prenups vary from state to state. Some states don't recognize agreements signed immediately before a wedding, and some states forbid postnuptial agreements. Laws usually require that both spouses have equal access to legal counsel.

State laws also typically require that spouses exchange financial disclosures before signing a prenup so that each can fully understand the ramifications of their agreement. Failure to meet legal requirements can invalidate the contract, so couples may wish to work with lawyers.

If you’re considering creating a prenuptial agreement, your best bet is to contact an attorney who can guide you through your unique situation.

What May Be Included in a Prenup?

Prenuptial agreements can be valuable to couples who:

• Wish to avoid litigation if they divorce
• Need to make sure adult children from a prior relationship receive an inheritance
• Need to protect a business or family assets

Prenups can include terms on:

• The division of marital assets and debts
• The division of real estate
• Payment of alimony (spousal support)
• Assets that are supposed to remain separate property (meaning they belong to only one spouse despite the marriage)

Prenups usually can't include terms regarding child support or child custody. Such terms are typically unenforceable as a matter of public policy. Courts must issue orders in the best interests of the children involved.