Family Law

Prenuptial Agreements: Not Just for the Wealthy

6 min readUpdated April 4, 2026
Judge Carol Baines
Judge Carol Baines, J.D.Attorney Reviewed

Prenuptial agreements have lost their stigma. They're practical tools that protect both parties and can actually strengthen a relationship by addressing difficult topics upfront.

Who Should Consider a Prenup?

- Anyone with significant assets or debts - Business owners - People with children from a previous relationship - Anyone expecting a significant inheritance - Anyone entering a marriage where there's a large income disparity

What a Prenup Can Cover

- Division of property acquired before and during marriage - Protection of business interests - Spousal support terms - Debt allocation - Inheritance rights

What a Prenup Cannot Cover

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- Child custody or support (courts decide this based on best interests) - Anything illegal - Terms that encourage divorce

Requirements for Enforceability

- Both parties must fully disclose assets and debts - Both parties should have independent legal counsel - The agreement must be signed voluntarily (no coercion) - Must be signed well before the wedding (not the night before) - Terms must be fair and reasonable

Starting the Conversation

Approach the topic as financial planning, not a lack of trust. Both parties benefit from clear expectations and protections.


This article is general information only and does not constitute legal advice.

Judge Carol Baines

About the Author

Judge Carol Baines

Named Partner · General Practice

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What Happens Next: Family Law

Here is what the process looks like, step by step.

1

Initial Consultation

Day 1
Your Role

Share your situation honestly. Bring financial records, existing court orders, and any relevant communications if available.

What We Do

We listen, assess your situation, explain your rights, and outline a realistic strategy. We discuss custody, assets, and timeline expectations.

2

Filing & Temporary Orders

Weeks 1–4
Your Role

Gather financial documents — tax returns, bank statements, retirement accounts. Continue your normal routine with the children.

What We Do

We draft and file the petition. If needed, we seek temporary custody, support, or protective orders to stabilize the situation immediately.

3

Discovery & Financial Analysis

Months 1–4
Your Role

Respond to document requests. Be thorough and honest — hidden assets always surface and damage credibility.

What We Do

We conduct formal discovery, subpoena financial records, retain forensic accountants if needed, and build a complete picture of the marital estate.

4

Negotiation & Mediation

Months 4–8
Your Role

Participate in mediation with an open mind. Know your priorities — we'll fight for what matters most to you.

What We Do

We negotiate custody, support, and property division. In NVC, mediation is required before trial. Most cases resolve here — we ensure the terms protect your future.

5

Final Agreement or Trial

Months 8–14
Your Role

Review the final agreement carefully with us. Once signed, the terms are binding. If we go to trial, we prepare you for testimony.

What We Do

We finalize the settlement agreement or present your case at trial. We handle all post-decree filings and ensure the order is properly entered.

This article is for informational purposes only and does not constitute legal advice.
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