How does a prenuptial agreement protect you from debt?

By |2022-04-06T15:54:29+00:0014 Mar 2018|Categories: Prenuptial Agreements|


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.

After a couple marries, many of their possessions cease to be solely their own and become legally the property of both spouses, known as marital property. This does not only apply to assets, but also includes liabilities. This means that one spouse may unwittingly assume responsibility for the other’s debts, and his or her assets may be threatened by creditors or others seeking repayment for those debts.

Prenuptial agreements allow spouses to designate their debts as solely their own, protecting each other from parties seeking payment. If, for instance, one party enters the marriage with significant personal debt in student loans or credit cards, he or she may use a prenuptial agreement to separate that debt from the other spouse, protecting the other spouse’s business or some other asset. Without this protection, creditors may have the opportunity to pursue repayment not only from the owing spouse’s property, but from the other spouse’s property as well.

If you and your future spouse hope to create a strong future together, it is wise to consider a prenuptial agreement. An experienced family law attorney can help ensure that you understand the full scope of the issues at hand and guide you as you create an agreement that represents your relationship and protects your rights and priorities as you enter an exciting new season of life.

Source: FindLaw, “Can Prenuptial Agreements Help You?,” accessed March 14, 2018

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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