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How a prenuptial agreement can protect your interests

On Behalf of | Jul 26, 2019 | Family Law

When California couples get married, they are probably not thinking about what will happen if they go through a divorce at some point in the future. It’s not easy to think about the possible end to a relationship at the very beginning, but in some cases, that’s a necessary step. By drafting a prenuptial agreement, a person can protect his or her long-term interests before walking down the aisle.

A prenuptial agreement is a legal agreement that outlines how the division of marital property would work in the event of a divorce. It can also allow a couple to do a few other things that could prevent issues in the future. Before you walk down the aisle, you may want to think about whether or not this type of agreement could benefit you.

Is it right for you? 

You may assume that a prenuptial agreement is not right for you for various reasons. Perhaps you aren’t exceptionally wealthy, or perhaps you don’t own valuable assets that you believe could be a matter of contention in a potential divorce in the future. However, these agreements can provide benefits and protection for people of all income levels. Some of the specific ways that a prenup could be a smart move for you include:

  • It allows you to protect the interests of a business you owned and were operating before marriage.
  • You can outline the financial responsibilities of both parties during the marriage.
  • You can specify what is separate property so that it doesn’t become a problem during a divorce.
  • The terms can protect the inheritance rights of your kids and grandkids from a previous marriage.
  • It can allow a person to limit the amount of spousal support he or she may have to pay after a divorce.

Of course, there are limits to these types of agreements and what they can accomplish. A complete evaluation of your case can help you see if a prenuptial agreement is the best way to protect your financial and legal interests.

A carefully drafted agreement

When drafting a prenuptial agreement, you will find it beneficial to work with an experienced attorney. The terms of your agreement are important, and it’s prudent to be thoughtful and careful when drafting yours. Before you marry, it is smart to consider how a prenuptial agreement can help avoid disputes in the future and allow you to start your life with your new spouse with confidence.

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