There is stigma about prenuptial agreements because some people view it as a sign for a doomed marriage before even getting married. Although it is easy to see why they would think so, prenuptials can actually provide more stability if prepared properly and the process involves both parties.
What Is a Prenuptial?
Prenuptial agreements, or commonly referred to as “prenups,” are a common legal step taken before marriage. A prenup is a contract between two persons planning to marry that lays out the rights each has to the other person’s property. These agreements are also used to control how property will be divided in the event of divorce or the death of one of the spouses.
Prenuptial agreements are becoming more and more popular for various reasons.One reason is that people today are focusing on their careers and delaying marriage. By the time they do get married, each spouse has property and financial worth to protect. Prenup agreements make this easy to do. These agreements are also common when one spouse has children from a past marriage. It allows the spouse’s separate property to go to their children.
All states, including California, now recognize premarital agreements as a valid and enforceable way to arrange property rights between future spouses. Each state has its own specific requirements that must be met in order for a prenup to be valid and enforceable.
Prenuptial Agreements Can Actually Help a Marriage
If prenuptial agreements are properly devised and adequately communicated between the parties, it can actually be a great tool for building a strong marriage. One of the most important steps in using a prenup as a tool for a strong marriage is to discuss the matters important for each spouse and deciding how to include these in the document.
It is also important that a prenup is balanced between the parties and it does not include forbidden points. If you have hired an attorney to help you draft the prenuptial agreement, they can help you evaluate the options that you have and include each point as part of a marriage.
Lastly, if a prenup is expertly drafted and includes all important points for both spouses, it can help reduce the anxiety of each spouse’s separate property. Such anticipation and anxiety of what can happen to a spouse’s separate property is a factor in many failed marriages. So, if it is properly dealt with in a c, it may actually help prevent a divorce.
Call an Experienced Central Valley Prenuptial Agreement Attorney
If you are getting married and planning to have a prenuptial agreement or have questions regarding these agreements, it is important that you seek the assistance of an experienced attorney. For more information or to schedule a complimentary consultation with a Central Valley prenup agreement attorney, please call Gurjit Srai (209) 323-5558 or (559) 449-1447, or complete our online form.