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

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Use a prenuptial agreement as a tool to strengthen your marriage

The prenuptial agreement is something that is often misunderstood. Some people think of it as something that you only ask for if you think the marriage is doomed. The truth is that a prenup is a valuable tool that can set the stage for your financial future as a married couple.

Deciding if you need a prenuptial agreement in California

Figuring out if you need a prenuptial agreement is never easy. You've likely heard horror stories from some family members and friends who have gone through a divorce without one. These stories could scare you into getting a prenup without considering whether or not you really need one. Let's look at some factors that can help you decide if you need this legal document for your marriage in California.

Teamwork can create a valuable prenuptial agreement

As an adult, you have a duty to protect your interests. It is all too easy to think that your upcoming nuptials don't require any protection; however, having a prenuptial agreement in place is a responsible decision that you and your betrothed can make together. This doesn't mean that you expect the marriage to fail. Instead, it is a good opportunity to make sure that you and your future spouse are on the same page about finances.

Wealthy children who marry and prenuptial agreements

Prenuptial agreements are important documents that protect both parties in a marriage should it end in divorce. These documents are especially important when one person entering the marriage does so with significantly more property than the other person. The same can be said for wealthy children who are marrying. Many won't think twice about a prenuptial agreement in California but their families will want to protect the wealth.

Prenuptial agreements aren't a sign a marriage will fail

There is a stigma about prenuptial agreements because some people think that they mean the couple is assuming they will divorce. It is easy to see why they would think this, but if you delve deeper into these agreements, you will see that they actually provide more stability for the couple.

Should I sign a contract when moving in with a partner?

Many relationships take their natural course of action and advance to an engagement and then to marriage. Some of those relationships could involve the couple cohabiting prior to getting married. Many will ask if it is necessary to sign some sort of contract if moving in together before to marriage. This is a very important question.

How does a prenuptial agreement protect you from debt?

When a couple approaching marriage chooses to create a prenuptial agreement, they have a number of protections available. Many people often assume that prenuptial agreements are only useful to those who anticipate divorce and want to ensure that the settlement is straightforward, but this is simply untrue. Among the most important protections a prenuptial agreement can provide are legal boundaries between spouses and each other's debts.

Don't overlook prenuptial agreements during your engagement

Prenuptial agreements are often associated with the rich and famous, but they are helpful in many more marriages than only those specific cases. No matter what social and financial status you have, there are protections that these agreements can provide. Make sure that you think carefully about what you want to do early in your engagement so that you can have time to get it all together.

Child support and custody limitations in prenuptial agreements

Prenuptial agreements provide many essential protections to couples who use them, allowing both spouses to define clear terms around many financial matters and marital expectations. However, some issues are specifically excluded from prenuptial agreements by the law, and including them may weaken the entire agreement in the eyes of the court. Two of the most commonly problematic issues in prenuptial agreements are child custody and child support, which the law does not allow couples to self-determine without the direction or approval of a court.