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A prenuptial agreement is not planning for a marriage to fail

On Behalf of | Jun 5, 2020 | marital agreements

Thinking about a divorce before a marriage even begins may seem counterintuitive to some California couples. However, there are many benefits to planning for this contingency by drafting a thoughtful and thorough prenuptial agreement. This step is not assuming the marriage will fail at some point in the future, but it is simply having a sort of insurance in place.

These agreements can be unique and specifically drafted to suit the needs and goals of the couple. It can distinguish what is marital property and what is separate property, making it less likely there will be confusion over that matter. It can also outline how property division will work and reduce the chance there will be conflict and the need to go to court over property and money.

Drafting a prenuptial agreement requires that both spouses fully disclose all of their assets and debts before signing the contract. This financial disclosure can actually help a California couple preparing for marriage to understand their finances and avoid unpleasant surprises once they marry. Prenups can address many financial matters, but child custody or child support is not included in this type of agreement.

There are many benefits to having a prenuptial agreement, and an assessment of the individual case can determine how it can be useful for a couple’s unique financial goals and circumstances. This step is beneficial for couples of all income levels and ages, even if they are not wealthy. Drafting this marital contract is simply a way to avoid conflict down the road and gain peace of mind regarding the future.