3 myths about prenuptial agreements

By |2022-04-06T18:33:55+00:0027 Nov 2018|Categories: Prenuptial Agreements|


Prenuptial agreements may not be romantic, but they can set the stage for your marriage by giving you a legal contract that you both understand and agree to. People often forget that marriage is a legal agreement, and they enter into it without thinking about the ramifications. A prenup allows you to do so.

However, you need to make sure you know how it works. Here are a few myths to be aware of:

1. The prenup can deal with non-financial details. For instance, it can stipulate that your spouse has to do the cooking and cleaning or that you get to plan family vacations.

The reality: A prenup is only for financial matters. Don’t include stipulations about behavioral expectations or decision-making responsibilities.

2. The prenup can get you out of child support. If you get divorced, you can use it to show that you don’t owe anything.

The reality: A prenup cannot address child support or child custody at all. The reasoning is simple: Children can’t sign off on the prenup, and so it cannot impact their lives. The court makes custody and support decisions at the time they’re needed.

3. The court has to use the prenup if you signed it.

The reality: If the court deems the prenup to be illegal on any grounds, it may not stand. They do not have to abide by it just because you and your spouse signed it.

If you are thinking about getting a prenup, you can see that it is very important to know how it works, what legal steps to take and exactly what you want to include in it.

About the Author:

Dorie Anne Rogers - The Law Offices of Dorie A. Rogers, APC
Dorie A. Rogers, a Family Law Specialist, Certified by the State Bar of California, has been an attorney since 1981 with an exclusive family law practice located in Orange County. She is accepting dissolution cases with support and property issues including the use of forensics to ascertain business value, community interests and to establish monthly case flow analysis. Ms. Rogers has substantial experience in high conflict custody litigation involving sophisticated psychological issues. She drafts premarital and postmarital agreement designed to define and establish parties' separate and community property interests. Paternity cases and domestic violence matters are considered part of her practice. Ms. Rogers is a court-approved and court-appointed to represent minor children.Ms. Rogers consults with individuals concerned about entering or exiting a relationship. She advises effective strategies for dissolution or premarital planning. Knowledge is power and good planning affords better results.Specialties: Family Law Specialist, Certified by the State Bar of California
Go to Top