While it may not seem romantic, one important aspect of planning to marry is planning for what will happen if the marriage ends at some point in the future. A prenuptial agreement can provide benefits to each California spouse, but it is not always easy to approach the subject. It may be helpful to know how to bring it up in a way that will encourage open conversation.
Benefits and risks
One of the most important things to consider when creating a prenuptial agreement is its potential benefits. If bringing the subject up in conversation, it is helpful to know why this contract can benefit both parties. Some of these include:
- Outlines how marital property will be divided in a divorce, eliminating the need for litigation
- Protects spouses from leaving the marriage with an unfair portion of marital debt
- Can protect interests of children from a previous marriage
- Allows one to protect closely held assets, such as a small business
It can be awkward to discuss a prenup. While it may not be an easy conversation, the benefits of having one may far outweigh any difficulty or discomfort when discussing the topic with the other partner.
Experience is important
The terms of a prenuptial agreement are important. It is beneficial to work with an experienced family law attorney who can help a California couple draft an agreement that will protect the interests of both parties. When done properly, it will be more likely the contract will stand up under any scrutiny in the event it is challenged later on.