Dwayne Wade's fiancee wants prenuptial agreement | The Law Offices of Dorie A. Rogers, APC
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Dwayne Wade's fiancee wants prenuptial agreement

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Many Californians walk down the aisle and exchange wedding vows with the aim of keeping their relationship permanent, but divorce is a possibility that should always be kept in mind. Although the topic is more pragmatic than romantic, considering finances in case of divorce should always be a topic that soon-to-be spouses consider and act on if they can. A prenuptial agreement can preserve what both parties take into a marriage and help settle any alimony disputes in the event the marriage later crumbles.

The pending wedding of actress Gabrielle Union and NBA star Dwayne Wade may not be grand, but the actress is wise enough after one failed marriage to insist on a prenuptial agreement before exchanging vows with Wade. Once married to an NFL player, Union has said she is more interested in maintaining a good relationship with her fiance than in having an extravagant wedding. Still, her previous marriage seems to have taught her the importance of protecting her own property.

Because California is a community property state, a couple will co-own any properties they acquire after their wedding. If the marriage ends in divorce, they will probably split properties and assets 50:50 unless they have a prenuptial or postnuptial agreement plan in place.

Property division can become such a source of conflict during divorce proceedings that it can prolong the process. Because distribution of assets has already been agreed on, a prenuptial agreement eases the couple's transition during divorce.

Divorce has emotional, legal and financial implications. Because a prenuptial agreement is a contract, sound decisions are important. Unless the agreement contains unfair provisions or was signed because of coercion, it can be difficult to contest its validity. But, in the event that the couple wants to change the provisions of the agreement, they can also consider drafting a postnuptial agreement.

Source: USA Today, "Gabrielle Union: Yes to prenup, no to bridal party," Arienne Thompson, Feb. 11, 2014

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