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When Should I Consider a Premarital Agreement?

Posted on in Divorce

Los Gatos prenup lawyerWhen a couple is preparing to get married, the possibility of divorce is often the last thing on their minds. The reality, however, is that divorces are common throughout the United States, and it can be wise to prepare for the possibility that the marriage may come to an end. In some instances, a soon-to-be spouse may feel the need to establish a premarital agreement. In the state of California, a premarital agreement, which may also be called a prenuptial agreement or prenup, is an agreement that enables spouses to protect certain assets and ensure a financially healthy future in the case of a divorce

Why a Prenuptial Agreement?

A premarital agreement is not necessary in all situations, but for some, it can save significant time, money, and stress in the future by deciding how property will be divided in a potential divorce. If you have significantly more assets than your future spouse, it may be wise to consider a prenup. A prenuptial agreement may also be appropriate if you have a highly successful business, expect to receive a substantial inheritance, or have children from a previous marriage that you want to pass your assets down to. In other instances, if your future spouse has accumulated significant debt, it may be wise to develop an agreement that states that you are not responsible for the payment of said debt. 

As you look to establish a premarital agreement, it is important to understand the steps that must be followed in order to make the agreement official. Both parties must voluntarily agree to the deal, each party must have the opportunity to hire an independent attorney, and each spouse must have at least seven days to look over the agreement before signing it. If you fail to meet these requirements, the agreement may be void. Since there are a number of ways in which a premarital agreement can be deemed invalid in court, it is important to work with a qualified family law attorney to develop a prenup that meets the necessary legal requirements while addressing the needs and concerns of both parties. 

Contact a Los Gatos Premarital Agreement Lawyer 

When you are preparing to get married, you are likely in the midst of one of the happiest times in your lives. However, it is important to consider what may happen in the future and prepare for potential changes in your family‚Äôs circumstances. Attorney Benita Ventresca can assist you in developing a premarital agreement that will provide you with the protections you need. Whether facilitating challenging discussions with your future spouse or ensuring that you follow all necessary protocols, Attorney Ventresca is here to help. To schedule a complimentary initial consultation with a compassionate Los Gatos, CA prenuptial agreement attorney, call us today at 408-395-8822. 

Sources: 

https://www.forbes.com/sites/christinefletcher/2018/09/18/10-things-you-need-to-know-about-prenups/#7d8118a262ba

 

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