Yes! As long as the couple is not yet married and the future spouse makes full disclosure of the information to the other party in advance, a Pre-nuptial Agreement could cover a financial settlement that may (or may not) come in the future.
“Full disclosure” in a prenuptial agreement is just that: a complete listing and description of one’s assets and liabilities, shown or provided to the other party so that they are fully aware of the financial condition of the other party.
Standard Legal believes that to be binding, such agreement must be in writing. Absent such writing, it would be difficult to determine how one could prove that “full disclosure” was made.
A Premarital Agreement is not filed with the Court or any government agency; it is a contractual document between the prospective husband and wife.
Signing a well-written and correctly-completed Premarital Agreement form in front of a Notary would make the prenuptial agreement legally binding and valid in every state. But the “notarized signatures” are just one element to the validity of the document — and not the most important one.
A Premarital Agreement is a contract between two people who are contemplating marriage in the future. As such, the contract would not be valid if only one person was party to the agreement.
The forms in Standard Legal’s Premarital Agreement software provide that each spouse will treat his or her retirement account(s) as his or her own separate property.