Pre-Nuptial Agreements

Currently, one out of every ten couples negotiates some form of a pre-nuptial agreement. While this may seem unromantic, they often do much to bring a couple closer together. This is because the process for a pre-nuptial agreement requires full financial disclosure and makes people discuss how their future home together will be run. Everything is legal for inclusion in a pre-nuptial agreement except for details concerning the custody of future children or child support.

California, along with eight other states, is a community property state. This means that any properties or assets acquired and accumulated during a marriage are divided equally in the event of a divorce. There is no consideration of the length of the marriage, children, or the skill sets of the individuals involved. Property is divided right down the middle.

Because of this, couples relinquish their power over their own assets as well as their privacy if they go through a divorce without a pre-nuptial agreement. In addition, the assets can end up in the hands of children from a previous marriage or relationship.

Pre-nuptial agreements, however, will save heartache and hassle in the long run. They minimize the financial and emotional toll of a divorce. Couples without a pre-nup will have their assets distributed for them by the state if a marriage ends and there is disagreement about who gets what.

While many people feel that a pre-nup cannot be changed, this is untrue. In fact, pre-nups should be re-examined every few years. What was a fair division at the time of the marriage might not be fair five years down the road. The financial situation of the couple could have changed completely. For example, the person who was the primary provider for the family may not be any more.

In addition, pre-nups are written defensively. It is a good idea to re-write the terms of the pre-nup as what may have been reasonable and generous at the start of the marriage might not be any more.

If you are planning on walking down the aisle soon and would like more information concerning pre-nups, post-nups, and other options, please contact the San Diego prenuptial agreement lawyers of Fischer & Van Thiel at 760-722-7646.

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San Diego Family Law Blog

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