A prenuptial agreement can limit debt liability

By |2022-10-07T09:52:06+00:0023 Jan 2016|Categories: Prenuptial Agreements|

There is a lot that is to be done before two people get married. Along with finding a venue, caterer and putting together a guest list, many couples have decided that drafting a prenuptial agreement was also an important item on their list of things to do. Despite a couple’s goal of being together for the rest of their lives, many people realize that divorce can happen and find that getting a prenuptial agreement is the best thing to do. They can be especially helpful when couples find themselves facing issues with debt.

Before and during marriage, your spouse could accumulate debts. Should you and your spouse divorce, both of you may be held liable for these debts, which means you both will have to pay them off. This is not fair, but if there is no prenuptial agreement in place, the courts may have no other option but to divide these debts evenly and hold both of you responsible.

Not only can this agreement keep debt separate, but it can also prevent creditors from coming after certain property when one spouse has a debt that must be repaid. Should a couple own a significant amount of property and assets, it would be wise for the prenuptial agreement to detail how debts will be handled and limit liability. In the end, couples often see it was a wise decision.

Divorces happen, but that doesn’t mean your spouse has to walk away with everything you own, nor should you be responsible for their debts. It may not be the most romantic thing to do before getting married, but it can be smart to get a prenuptial agreement.

Anyone who is considering a prenuptial agreement may wish to speak to an attorney at the Law Offices of Dorie A. Rogers. We have experience helping people craft agreements designed to protect their interests as they take the step into matrimony.

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
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