Prenuptial And Premarital Agreements Are Sensible Protection
Prenuptial agreements usually include a discussion of the possibility of a divorce down the road. For this reason, engaged couples may find it difficult to talk objectively about the pros and cons of a prenuptial agreement. Many people feel a prenuptial agreement amounts to a self-fulfilling prophecy.
However, Maggio Law highly recommends developing a well-thought-out premarital agreement to protect both parties. In fact, we believe in it as part of a complete preparation for marriage or remarriage. This is especially applicable when a couple is older, when there are children from previous marriages or when one party brings considerably more assets to the marriage than their future spouse.
Have The Prenup Or Postnup Discussion
A prenuptial agreement (aka premarital agreement) recognizes separate property that each party brings to the marriage. In the event of divorce, it spells out how assets would be distributed. For example, if one spouse owned a home or business prior to getting married, they would retain that asset. The prenup preserves separate assets and streamlines the property settlement process.
The knowledgeable attorneys of Maggio Law can discuss the benefits of a prenuptial agreement. Many engaged couples find such a discussion a useful premarital financial planning vehicle. Preparing a prenuptial agreement is akin to an insurance policy against a possible future disaster such as an unanticipated marital breakup.
Even if you decide not to sign a prenuptial agreement, you and your future spouse will find it enlightening to learn as much as possible about all the legal rights and mutual responsibilities that go along with a marriage.
Postnuptial agreements (formed after the parties have married) may be appropriate in special circumstances such as the following:
- One partner is starting a business or making investments that the couple desires to keep separate from marital property.
- A separated or alienated couple wishes to reconcile with certain conditions spelled out.
- A divorce looms on the horizon, but the spouses in a marriage agree to postpone the divorce for a long period of time – for example, until children leave the home.
- One spouse or the other is about to receive a large inheritance or another windfall.
Get The Facts From Our Premier Orange County Firm
If you are concerned about protecting assets in anticipation of marriage, or in consideration of the possibility of a divorce or reconciliation after a separation, contact an experienced family law attorney regarding prenuptial or postnuptial agreements. Call 949-668-1439 or contact us online.
We are a Southern California divorce and family law firm that is deeply concerned about and battles for the legal rights of individuals and families. We do not offer a cookie-cutter approach to your legal representation, because each client is different.