California divorce attorneyA misconception exists that the mere mention of a prenuptial agreement will somehow derail the harmony and happiness of one’s engagement period. The world has changed, however – drastically so. Even twenty years ago, Internet dating was regarded as inauthentic and inferior to meeting “naturally” in a coffee shop, grocery store, or student union. In 2017, we embrace information.

Modern couples can share information about their financial past, present, and future – putting everything in plain sight – and then working a with an experienced Los Gatos, SaratogaCupertino prenuptial agreement attorney to create and give legal effect to a premarital agreement that makes clear the intentions of each party.

When a Significant Wealth Disparity Exists, a Premarital Agreement May Be Wise

Every couple entering marriage feels deeply that the marriage will last a lifetime. As beautiful as that sentiment is, it does not square with a divorce rate between 40 – 60 percent in the United States. This statistic need not be a downer. It is just a fact – something to use to plan and thereby have peace of mind.

For example, if you and your spouse-to-be are to enter marriage with significantly different assets and liabilities, a prenuptial agreement can be used to determine what pre-existing assets and debts, whether all, some, or none, will enter the marital economic community from the union’s inception. If you don’t actively choose, California’s community property law will choose for you. Under state law, each spouse is entitled to a one-half share of the marital economic community in the event of divorce.

California Allows for Both Separate Property and Marital Property

Even though California is a community property law state, it recognizes both marital property (community property)and separate property. For example, you may have received an inheritance from a loved one or are a future will beneficiary. With a premarital agreement, you can make completely clear whether you intend to keep a past or future inheritance as separate property.

Entering Into a Premarital Agreement in California

Marriage is all about communication; starting now with a prenuptial agreement is just that – communication. Please contact a skilled Los Gatos prenuptial agreement attorney from Ventresca Law Firm at 408-395-8822. We service clients in the Los Gatos, Sunnyvale, Saratoga, Cupertino, and San Jose areas.

 

Source:

http://www.uniformlaws.org/Act.aspx?title=Premarital%20and%20Marital%20Agreements%20Act