The most common misconceptions of an antenuptial agreement are that it implies mistrust between partners or that it is simply for the wealthy

However, to the contrary an antenuptial agreement is more of a pragmatic approach to a lifelong commitment, enabling couples to agree on their financial future and how their assets and gains will be distributed or divided when their marriage comes to an end either by death or divorce.

The need-to-know about antenuptial agreements:

WHAT?

1. An antenuptial agreement (prenuptial agreement or prenup) is a legally binding contract.
2. That is entered into before marriage that establishes how a couple's assets and debts will be handled during the marriage and in the event of divorce or death.

WHY?

1. Couples enter into an antenuptial agreement when they do not want to get married in community of property.
2. In order to customize the financial terms of their marriage.
3. It provides protection for pre-marital assets, by shielding from a partner's debts, protecting children's inheritance, securing business interests and to prevent disputes during divorce or death.

WHEN?

1. The agreement is concluded before you are married, in order to define your financial arrangements and be legally binding.
2. The contract must be drafted, signed by both parties and witnesses in front of a notary public, and then registered at a deeds office within three months to be valid and enforceable against third parties.

WHO?

1. An antenuptial agreement is beneficial for individuals with significant assets like a business, or someone with pre-existing family obligations, such as children from a previous marriage.

HOW?   

1. Make an appointment with an attorney to discuss your marital property options and decide which regime is best for you.
2. The notary will draft the antenuptial agreement based on your chosen regime and other terms.
3. Before the marriage, you and your fiancé must sign the drafted contract in front of two witnesses.
4. The notary public will also sign the contract, attesting to the signatures of the parties and witnesses.
5. The original contract, signed and attested by the notary, is then forwarded to the Deeds Office to be registered. This must be done within three months of the signing date.

Conclusion

Antenuptial agreements are not just for the wealthy and over the course of time they have been proven to be beneficial for financially responsible couples of all economic backgrounds by protecting individual assets and debts, providing financial clarity and preventing financial disputes during marriage or divorce. Nothing says true love like an antenuptial agreement providing financial protection, responsibility and loving commitment.