Prenuptial agreements can benefit all parties that are planning for marriage. “The national divorce rate is about 50 percent. In California, it’s 60 percent,” according to David Whiting in The Orange County Registry, Southern California News Group, 25 June 2012.
Isn’t marriage, after all, a contract between parties? Why not then make the contract clear? Prenuptial agreements are a very useful tool for parties who want to protect their current and future assets and save some hassle later if they do get divorced.
A prenuptial agreement is appropriate for anyone who currently owns property, has retirement funds, or expects to obtain either, which is most people. People who are re-marrying are smart to get a prenuptial agreement because they know it can make a divorce easier. By having an understanding at the outset of a marriage, dividing property at divorce is much simpler, and that allows parties to instead focus on healing emotionally and meeting the needs of their families.
A prenuptial agreement works by having the parties agree in advance of their marriage how their property is to be handled during their marriage and at death. Even if no divorce ever occurs, this agreement will still be useful in making it clear as to what is separate property and what is community property, including any future inheritance or acquisitions. It can help protect these assets for future children or assist the court in determining how the parties want their assets divided if there is a divorce later. Parties can also contract for how they will provide for one another in the event of death.
If you are interested in learning more and finding out whether a San Diego prenuptial agreement lawyer can help you, please contact our office. If you are already married, a similar agreement can be done which is referred to as a Postnuptial Agreement. These agreements, if done correctly, will be enforceable by the court. We at Law Office of Dawn Dell’Acqua are happy to help.