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When you want to enter marriage with contingency plans in place, a prenuptial agreement can be just the right way to go about it. Negotiating “what if” outcomes with your fiancé(e) before saying, “I do” can ensure that the two of you are very clear about what you are agreeing to. You can document your understanding about what would happen if the marriage ended along the way.
“But doesn’t a prenuptial agreement cast a pessimistic shadow on a marriage before it even begins?” This is a common question and a very understandable one. Even mentioning the possibility of divorce someday can make many people very uncomfortable as they get ready to tie the knot. However, for many couples, a prenup makes a great deal of sense.
There are many realistic, practical reasons for considering a premarital agreement. Prenups may be especially helpful for engaged couples when one or both:
- Have been married before
- Have children from previous relationships
- Have asset portfolios greatly differing in size
- Own or may own businesses
Discussions leading up to a prenuptial agreement can be useful in ensuring that all cards are on the table before a wedding takes place. There should be no secrets about assets or business ownership plans, for example. Both spouses must disclose all accounts, personal property and other assets. The two people should come to an understanding about who will own which assets in case of a separation or divorce.
Prenuptial agreements can cover other areas of marriage besides financial ones, as well. For example, couples preparing for an interfaith marriage can document their understanding of how future children’s religious upbringing will go.
Many marriages have ended in ways that neither spouse could have ever anticipated. If you wish to set your mind at ease through creation of a prenuptial agreement, talk to family law attorney Sina Mohajer about your options. He has helped many other couples navigate the prenup process successfully.
Furthermore, if you are already married with a prenuptial agreement in place, he can help you evaluate whether there are grounds for contesting it if a California divorce is on the horizon. Contact Mohajer Law Firm, APC in Arcadia at 626-999-3785, or fill out our online contact form to request a free consultation.