Rules to follow for drafting a prenuptial agreement

By |2022-10-07T09:40:58+00:0012 Mar 2014|Categories: Prenuptial Agreements|

Orange County, Californians are aware that the use of prenuptial agreements has grown in the past years. Historically, most people who entered into prenuptial agreements were wealthy. Currently many people, especially those who have been divorced, view prenuptial agreements as a way to protect their best interests before marriage.

Additionally, financial advisors often tell their clients about the importance of prenuptial agreements as an estate planning tool in the event of divorce or death. Couples can write an agreement detailing how property and assets will be divided in the event of separation. A second part of the agreement can address awarding alimony or spousal support to one party in the event of divorce. Put simply, any issue can be addressed and agreed to in writing except for child-related issues, such as child custody.

One party can create a draft of a prenuptial agreement for review and amendment by the other party before signatures. It is important to note that both parties must sign the agreement without coercion to ensure that the agreement will be legally enforceable if necessary.

Another important detail in creating a prenuptial agreement is full disclosure of property and assets. Each party will have an honest assessment of the worth of property and assets involved. Drafting of a prenuptial agreement promotes transparency for the relationship before marriage vows are spoken.

Prenuptial agreements are legal documents. Couples engaged to be married can create a prenuptial agreement independently. However, for best results, couples should understand their legal rights and obligations prior to signing an agreement. With the right help, a prenuptial agreement can help parties in the future should an issue arise.

Source: Financial Planning, “Advisors: prenup pitfalls to avoid,” Donald Jay Korn, March 3, 2014

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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