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Can a prenuptial agreement keep pre-existing separate debt separate

Asked about 3 years ago - Milwaukee, WI

My boyfriend and I want to get married. We both have pre-existing debt that we don't want the other responsible for should something happen to either of us. Can we get a prenup for this? If we can get a prenup, after we've paid all or most of it off can we get rid of it?

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Jean M. Kies

Reputation Level 11

Answered about 3 years ago. Juvenile Law Attorney in Milwaukee, WI.

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A prenuptial can be negotiated by the parties by their respective lawyers. Each of you must have separate lawyers to make the document enforceable. The prenuptial can segregate pre-marital debt and insulate the parties from eachother's pre-marital obligations. There is nothing in the law that says once all of the debts are paid in full that the parties can't tear up the prenuptial agreement or execute a document voiding it. In fact, your attorney may negotiate a clause in the prenuptial agreement that triggers the "sunset" of the agreement once the debts are wiped out.

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