In the past, many people hesitated to consider a prenuptial agreement because they preferred not to negotiate with their future spouse about a possibility of a divorce before the marriage. However, the alternative can be a messy and expensive divorce where the two parties end up battling about money and property. A prenuptial agreement is a way to avoid this dispute.
How Prenuptial Agreements Help
This agreement will help you in several ways:
- It will decide in advance how property and assets are to be divided in the event of a divorce
- It can lay out spousal support
- It can protect property that you bring into the marriage with you
- It will allow you to leave your own separate property to whomever you want
Prenuptial agreements are generally the right thing if you have assets that you have accumulated before the marriage. Those can very easily end up becoming part of the marital estate without an agreement to the contrary.
Equitable Distribution Introduces Uncertainty
California will divide marital estates equitably, which means that they can look at a number of factors in reaching their own conclusions about how to divide the estate. This means that there is a tremendous amount of uncertainty in any divorce dispute. Signing a prenuptial agreement (assuming that it is fair and reasonably negotiated) is one way to protect yourself and lend some certainty. More people are deciding on this agreement, especially as they see what their parents’ generation has gone through in the courtroom.
Sacramento and Marin County Divorce Attorney
Each spouse needs their own separate attorney to help them with the prenuptial agreement process. They also need to exercise great care in negotiating the agreement, so it will be enforceable. Call the Mason Law Office at 833.717.1127 or contact us online to learn more about a prenuptial agreement and how it works.