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Santa Clara County prenuptial and postnuptial agreement attorneyMany people assume that they do not need a premarital or postnuptial agreement in place, because those types of arrangements are only for wealthy individuals who have been previously married. Others may believe that bringing up the topic of a marital agreement with their fiancé or spouse will lead to distrust. However, these myths could not be further from the truth. In fact, these agreements can help provide a couple with peace of mind, and they can establish financial expectations that will help couples avoid disagreements later on. Many couples also find that simply sitting down and discussing certain issues is a helpful process that fosters communication about money and provides a path toward a healthier financial life.

In addition, statistics show that millennials are waiting longer to get married, which means that they are bringing more assets into their marriages, including bank and investment accounts, real estate, savings accounts, stock options, retirement savings such as 401(k) accounts, etc. These couples may also bring in student loan debt and the introduction of other complex issues, such as pet custody and the disposition of frozen embryos upon divorce. As a result, there has been a sharp uptick in the number of requests for “prenups” in recent years. However, these agreements can be challenged in court if certain mistakes are made and they are improperly drafted without the assistance of an experienced attorney. Some of the most important mistakes to avoid include:

Unfairness

First and foremost, marital agreements must be fair and in compliance with the law. Premarital and postnuptial agreements cannot unreasonably favor one party or place one spouse in an untenable financial position in the case of divorce. In addition, there are certain issues that cannot be addressed in a marital agreement. For example, a prenup cannot make decisions about child support, because this is a legal obligation that is determined at the time of a divorce or separation based on what is in a child’s best interests. 

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Lost Gatos, CA prenuptial agreement attorney

Every single year, thousands of couples in the state of California make the difficult decision to file for divorce. While some divorces can be fairly amicable, the divorce process almost always comes with complications. In some cases, the development of a prenuptial agreement can save you time, money, and disputes down the road. Below, we will explain the benefits of a prenuptial agreement, and why it may be wise for you to speak to your significant other regarding your finances prior to marriage. 

Why You Should Consider a Prenuptial Agreement 

Often called a prenup for short, a prenuptial agreement is a written contract developed by two people prior to their marriage. The agreement will dictate how property and assets will be divided in the event of a divorce. While asking your future spouse to sign a prenuptial agreement may be a difficult conversation, the agreement can ensure your financial security and save you from the possibility of a contentious divorce. 

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Los Gatos prenup attorneyHaving a conversation with your soon-to-be spouse regarding the possibility of divorce might seem like a poor way to kick off your life together. However, discussing the potential end of your relationship and making decisions ahead of time can not only help you avoid uncertainty and conflict in the future, but it can actually strengthen your relationship and help you understand the issues that are important to both of you. In many situations, a prenuptial agreement can be critical to ensure that a potential divorce does not compromise your financial well-being. If you are considering signing a prenup before getting married, you should work with an attorney to ensure your agreement will protect your rights and meet your needs.

What Is a Prenuptial Agreement?

Before looking into the possibility of establishing a prenuptial agreement, it is important to understand what this type of agreement actually entails. In short, a prenuptial agreement is a document that establishes how certain matters will be handled in the event that a couple’s marriage ends through divorce or death. A prenup can decide how community property (assets and debts acquired by a couple during their marriage) will be divided, and it can determine how spousal support payments will be structured. However, a prenuptial agreement will not cover issues such as child custody or child support

Why a Prenuptial Agreement May Be Necessary

A prenuptial agreement may not be necessary for everyone, but it can provide essential protections for people in certain situations. If you have children from a previous marriage, your prenup can establish how you want them to be financially taken care of in the case of death or a divorce. If you own a successful business, or if you earn a higher amount of income than your partners, a prenuptial agreement can establish your separate assets and can explicitly describe how community property will be divided. If your future spouse has accumulated large debts, a prenup can state that they alone will be responsible for these liabilities in the event of a divorce. 

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Los Gatos, CA family law attorney for prenuptial agreements

Every year, thousands of Americans choose to pursue a divorce. The decision to separate can be difficult, and the process of resolving disputes through litigation or mediation can be very stressful. However, if a couple makes the decision to sign a prenuptial agreement prior to getting married, the anxiety and pressure of a divorce can be significantly lessened. There are multiple benefits of a prenuptial agreement.  If you are getting married, you should consult with a skilled family law attorney to determine whether a prenuptial agreement is the right option for you.

How a Prenuptial Agreement  Can Help

A prenuptial agreement is an agreement between you and your prospective spouse made prior to marriage that will define how certain issues will be resolved if the marriage ends, including through divorce or legal separation. Most notably, a prenuptial agreement may outline the division of property and make decisions about spousal support if you ultimately decide to divorce. Here are just a few ways that a prenuptial agreement could benefit you in the long run:

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Santa Clara County prenup attorneyMost couples view marriage as a partnership of equals. They believe, for example, that major decisions should be made jointly and that there should be an equitable division of household responsibilities. It can be hard to achieve that sense of equal partnership, however, when a marriage begins with a major imbalance in terms of assets, debts, and/or family responsibilities. A prenuptial agreement (also known as a premarital agreement or prenup) can help put new spouses on a more equal footing. 

There are a number of things to consider when developing a prenuptial agreement, including California legal requirements and the personal needs of the spouses-to-be.

Your Prenup Must Meet Legal Requirements for Enforceability

The California Family Code includes a chapter titled the Uniform Premarital Agreement Act (UPAA). This law sets forth the requirements for a prenup to be legally enforceable:

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