A Practical Conversation About Prenups and Estate Planning

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Jan 13
3 min read

Estate Planning for Couples: What to Know About Prenuptial Agreements

Marriage is one of life’s biggest commitments, blending not only two lives but also two financial worlds. While most couples think about wedding plans, shared homes, or joint accounts, few stop to consider how a prenuptial agreement might fit into their estate planning goals. Yet this type of agreement can be a key piece in protecting each person’s interests and creating long-term peace of mind.

What a Prenup Really Means

A prenuptial agreement, or “prenup,” is a contract signed before marriage that defines how property, assets, and debts will be handled throughout the marriage, as well as in the event of divorce or death.

These agreements are not about mistrust. They are about creating clarity and encouraging open communication about financial goals and responsibilities. By outlining expectations in advance, couples can make informed decisions together and reduce uncertainty down the road.

Why Prenups Belong in Estate Planning

Estate planning and prenuptial agreements often go hand in hand. Both are designed to protect loved ones and carry out your wishes. When coordinated properly, a prenup helps ensure that your estate plan is consistent, clear, and aligned with your intentions.

For example, a prenuptial agreement can outline what each spouse brings into the marriage and clarify how those assets will be treated over time. Defining what is separate and what is marital helps couples avoid misunderstandings, protect their intentions within their estate plan, and prevent conflict among heirs.

These agreements are especially valuable for couples in second marriages or blended families, where each spouse may want to provide for both their partner and their own children from prior relationships. Clear documentation helps ensure those wishes are honored and reduces the likelihood of misunderstandings or disputes later on.

When to Consider or Revisit a Prenup

A prenuptial agreement is particularly useful for couples entering a marriage with separate property, children from prior relationships, or significant differences in assets or income. It can also benefit anyone who owns a business, expects an inheritance, or wants to protect family property.

Couples who are already married and find their financial circumstances changing may wish to create or update a similar agreement after marriage. This is known as a postnuptial agreement, or “postnup.” A postnup can clarify how new assets, business interests, or major financial changes should be handled moving forward, offering the same clarity and peace of mind as a prenup.

Aligning Documents for a Cohesive Plan

Because a marital agreement can affect what happens at death, it should always be reviewed alongside your estate planning documents. Conflicts can arise if a will or trust leaves an asset to a spouse that a prenuptial agreement identifies as separate property. Aligning these documents avoids uncertainty and helps ensure your plan works as intended.

How WaveCrest Legal, P.A. Can Help

At WaveCrest Legal P.A., we assist clients who wish to include prenuptial or postnuptial agreements as part of a comprehensive estate planning approach. Our goal is to ensure every document works together to protect your goals and provide peace of mind. We understand that planning for the future involves more than preparing paperwork. It is about protecting relationships, honoring commitments, and building a plan that truly reflects your values.

Whether you are preparing for marriage or updating your plan after years together, our team can help you create a coordinated strategy that brings clarity and confidence for you and your loved ones. Contact us online or give our office a call at 904-595-5290 to schedule your free consultation.