What are some issues a prenuptial agreement can cover?

By Sullivan, Klocke, Evans & Goenawein, P.C. on May 8, 2020 • Firm News

With a prenuptial agreement, couples can clear up a lot of potential disagreements long before a divorce happens. Such issues may include questions of property division and whether a piece of property is actually separate property belonging to a particular spouse. But prenuptial agreements can cover more than just who owns a car or a painting.

The Business Insider specifies some other forms of property you can cover with a prenuptial agreement. Some of these provisions may seem so offbeat that you have never considered them, but they are important to know. Perhaps one of these provisions may pertain to your current circumstances.

Embryos and genetic material

Some couples experience issues with having children, so if you and your spouse are considering fertilization efforts, including the creation of embryos, you should consider dealing with possible issues that can come up with those embryos in your prenup. For example, some divorced couples fight over who can implant embryos they have created. A prenup may solve the question of the right to implant an embryo, among other issues that involve your genetic material.

Intellectual property

If you are a creative and entrepreneurial person, you might have come up with some form of intellectual property, like a book, a piece of audio, an audio-video presentation, a work of art, or an invention. You can protect intellectual property in your prenuptial agreement so that if you get divorced, you do not have to give up ownership of your creative works or royalties related to them.


Some divorces can turn nasty when it comes to pets, as couples who split up may fight over who gets the family dog or cat. In some cases, a court may treat a pet as marital property, which means the court may decide which member of the couple ends up with the pet. A prenuptial agreement can name who ends up with a pet in the event of a divorce and avoid a harsh battle in court.

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