Top 5 "Must Have" Items In A Prenup

We know, we know! Divorce is a dirty word that no one wants to hear. But, bottom line is. more than half of the marriages in America end in divorce. But, here's an even dirtier word: Prenup! As in prenuptial agreement! With the divorce rate being so high, it's smart for a couple to discuss and agree on these kind of things while they are still in each other's good graces. I for one wouldn't get married without signing this document. So, as always, we are here to help you out. Here are the Top 5 Items you need to include in your prenup!

1) How the assets will be divided in the event of a divorce

This has to be the most divisive issue in divorce discussions. Who gets what? This could be something as simple as all assets are split 50/50. Or, maybe all assets acquired before the marriage are not divided, and all assets acquired during the marriage is eligible to be split. Either way, the terms are negotiable and the document shouldn't be signed until both parties agree on these terms.(example: Russell Simmons & Kimora Lee Simons; Nas & Kelis)

2) Capped amount on exit settlement in divorce

Let's face it, generally speaking, most marriages have a bread winner. Whether it be the husband or the wife. No matter who is the bread winner in the household, no one should have to part with the money they've worked so hard to get. If the husband made $10 million, and the wife stayed at home, he shouldn't get $5 million. It's simply not fair. So negotiate and come to an agreement before you say "I do". (example: Hulk & Linda Hogan; Nick Lachey & Jessica Simpson)

3) The stipulations that will make the prenup void

Some people make stipulations like, if one partner is unfaithful, hides money, doesn't have sex whenever the other wants to or moves their mother in the house without consulting the other. It can all be added into the prenup. (example: Shaquille & Shaunie O'Neal)

4) The minimum amount of time the marriage must last in order for the prenup to be valid

One year, five years, ten years...whatever you decide, it should be agreed upon that if the marriage does not last a certain period of time, then the other party does not qualify to receive any of the benefits of the marriage. This is protection in the case of someone getting married to an affluent mate for the sole purpose of getting a piece of their wealth. (example: Tiger Woods & wife; Kim K & Kris Humphrees)

5) Gag order on public/semi public discussion & disclosure of private or intimate information.

Let's face it, when people are married they share things and a side of themselves they never let anyone else see or hear about. In divorce courts, it get's ugly! A lot of these things start coming out. Especially when you're talking about a case involving public figures. So make it a stipulation in the prenup. Whatever happens in the marriage or in the divorce is not to be discussed in public. (example: Deion & Pilar Sanders)