A prenuptial agreement is a legal document that determines how a couple will divide their debts and assets in the event of divorce. Many people are under the impression that only the wealthy construct prenuptial agreements, but that’s simply not true. A document of this type can be good for every couple, regardless of their financial situation. Here are 5 benefits a couple should consider when thinking about creating a prenuptial agreement.
Under California law, separate property is any asset acquired:
Any separate property cannot be divided between the two spouses during divorce, but sometimes a court may do so anyway. For example, if one spouse owned a business before they got married and used marital funds for the business, it will then become community property. However, if it’s written in the prenuptial agreement that the business is exclusively yours, the court cannot split it between the two of you.
Constructing a prenuptial agreement allows a couple to open an honest line of communication—one that may have never been opened until divorce. It allows the couple to discuss their property, finances, and marital expectations. Drafting a prenuptial agreement allows a couple to begin their marriage with clear communication and a new level of trust they may not have had before.
Should a couple’s marriage end in divorce, a prenuptial agreement allows for a smooth and swift process. The court will not have much to decide on or split because the agreement will already address all major terms of the divorce.
If you have children during your marriage, you need to protect the property they might inherit. After divorce, you or your partner may decide to remarry, and it’s important to define what assets your children can legally claim so it is never brought into question.
These assets could include:
A prenuptial agreement can guarantee that a debt-free partner doesn’t become responsible for any debts the other spouse brings into the marriage. If you don’t add a stipulation on debt in your prenuptial agreement, the state could divide it equally between the two of you.
Our attorneys at Cianci Law, PC can help you and your partner create a prenuptial agreement that works for both of you.
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