Prenuptial Agreements Archives | Orange County Family Law Blog
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Prenuptial Agreements Archives

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Protecting the enforceability of a prenuptial agreement

Creating prenuptial agreement to add some structure to a marriage is a wise choice for many couples, allowing them the freedom to establish some boundaries for each other and for parties outside the marriage. However, for some people, simply creating and signing a prenuptial agreement is not as airtight as they might hope. Prenuptial agreements can prove difficult to enforce if one party claims he or she signed the document under duress or that the terms are fraudulent.

Can I strengthen my marriage with a prenuptial agreement?

Many Americans suffer from a common misconception that prenuptial agreements are only useful when a couple divorces. In reality, a wise couple can use a prenuptial agreement to avoid certain conflicts within marriage and protect each other from pressures outside the relationship. While it is certainly true that most divorces benefit from a prenuptial agreement, any couple can use a one to strengthen the marriage -- not tear it down

More people are using prenuptial agreements now than decades ago

People who get married these days are much more likely to have prenuptial agreements in place than people who were married decades ago. One of the reasons for this is that people aren't getting married as young as what they once did. Instead, some people are waiting until they have an established career and some measure of financial security.

What to include and leave out of a prenuptial agreement

A prenuptial agreement is an insurance policy of sorts. It is a way that you can ensure that you know what you are going to walk away with if your marriage doesn't work out. This is an important document that you must ensure is fully enforceable.

Premarital agreements can't be one-sided contracts

The importance to prenuptial agreements is something that escapes many people. Some people falsely believe that they only need a premarital agreement if they have a lot of assets or make a lot of money. This isn't the case at all. A prenuptial agreement can help anyone to ensure they are protected in the event of a divorce.

How do I talk to my partner about a prenuptial agreement?

In the lead-up to a marriage, there are many important conversations that you and your partner need to have, but many of them are very difficult to bring up. This is especially true when it comes to a prenuptial agreement. For many soon-to-be spouses, now knowing how to get into this conversation keeps them from having it at all, which is often a big mistake.

Postnuptial agreements serve an important purpose these days

Many people know that prenuptial agreements are one possible way that a person can protect his or her assets in case their upcoming marriage ends up ending. What many people don't realize is that some of the same protections are available to people who are already married through a postnuptial agreement.

Can a prenuptial agreement help me?

For many years, prenuptial agreements have endured a fairly negative reputation at the hands of public opinion. Many people view them as a planned back door to marriage or the kind of thing that only wealthy people do. Fortunately, the tide of public opinion is beginning to shift for the prenup, as many younger couples choose to use one, recognizing the many ways that such an agreement can actually a marriage.

Liam Hemsworth and Miley Cyrus fighting over prenuptial agreement

Pop songstress Miley Cyrus and her actor fiancé Liam Hemsworth are reportedly having quite a row in the months leading to their wedding. The two plan to wed in the Himalayan mountains in the summer, but that could be on hold if they can't come to an understanding regarding their prenuptial agreement.

How long before the wedding do you sign the prenup?

People often think about a prenuptial agreement relatively close to the wedding. One spouse may ask for it a month before the big day, for instance, and then scramble to get it all in place before tying the knot. Will it hold up in court? How soon before the wedding do you have to sign?