California has one of the highest divorce rates in the country so the trend toward prenuptial agreements can be relevant to Orange County residents. An increasing number of couples are drawing up a prenuptial before marriage to ensure the bliss of marriage is not clouded by minor to major differences in opinion. A prenuptial agreement is a contract drafted and signed before marriage, which helps protect the marrying couple’s individual rights. Such an agreement can be essential in solving issues within the marriage as well as in scenarios were the couple to separate.
Ideally, before a prenuptial agreement is drafted, couples should propose the subjects for the agreement. A draft provides a basis for the couple to contemplate the issues and discuss what needs to be included in the final agreement. Experts believe that a prenuptial agreement is ideally drafted right after engagement and in plenty of time before the marriage ceremony. Almost everything that a couple comes up with can be part of the agreement, as long as both the parties are in agreement. A prenuptial agreement can be basic or highly creative — it’s up to the couple.
However, experts warn a prenuptial agreement is a permanent legal document that comes into effect on the day of the wedding and continues to exist throughout the marriage. Thus, careful contemplation for both parties becomes imperative because the agreement must be mutual and signed without duress for it to be enforceable.
An existing prenuptial agreement can be handy when resolving divorce problems regarding marital property. Additionally, prenuptial agreements can help protect assets, enforce disclosure of assets and solve alimony disputes.
Source: Lantana Living, “Prenuptial Bliss: Negotiate Your Agreement Well Before Wedding Day,” June 20, 2014