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What Are the Benefits of Signing a Prenuptial Agreement?

Posted on in Divorce

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:

  • Protecting Your Property: When one enters into a marriage, it is not uncommon for them to have already accumulated significant separate property assets. If you have any property that you accumulated before marriage,  you may wish to ensure that this separate property remains your separate property and is not subject to division in a divorce proceeding, Division of property can be unpredictable in litigation, and a prenuptial agreement can be used to make concrete decisions about how assets will be allocated post-divorce. 

  • Significant Difference in Assets or Income: If you and your spouse have significantly different financial backgrounds, you may want to consider a prenuptial agreement. This can help ensure that financial concerns will be addressed pursuant to your wishes, if your marriage ends. If you have accumulated significant wealth or own your own business, a prenuptial agreement can help to protect you. A prenup can also address whether a spouse who earns a lower income will receive financial support in the event that the marriage ends.

  • Save Yourself the Stress: As mentioned above, a divorce can be incredibly stressful. While discussing a prenuptial agreement prior to getting married can be a difficult conversation to have, it can save a great deal of emotional difficulty down the road, and it may reduce the potential financial stress that may come with divorce.

Contact a Los Gatos Premarital Agreement Lawyer

At the Law Offices of Benita Ventresca, we have decades of experience family law in California, and we are ready to assist you in creating a prenuptial agreement that will protect your rights and address your concerns. To schedule a complimentary initial consultation with a skilled Los Gatos, CA family law attorney, call us today at 408-395-8822. 

Source:

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAM&division=4.&title=&part=5.&chapter=2.&article=2.

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