Prenups: What You Didn’t Know You Needed

Marriage is one of life’s most culturally defining and social milestones. When you meet your potential spouse, you may dream of a happy and adventurous life together. There may be children in your future, businesses, homes, and travel. You will laugh, cry, age, and share your life with a new partner. As you partake of this beautiful discovery of knowledge and adventure together, you want to make sure your marriage is founded on the bedrock of stability.

What is a Prenuptial Agreement?

Essentially, a prenuptial agreement is a business contract between two parties. It details what the financial rights and responsibilities are between two parties in the case there is spousal death or dissolution of marriage.

A prenuptial agreement can act as a hedge against an uncertain marital future. If any marital discord arises during your marriage, a prenuptial agreement will protect your financial future. Don’t think of this as an easy option for a divorce. However, one-third of all first-time marriages will end in divorce. Second marriages are twice as likely to end with a dissolution agreement.

Why Do I Need a Prenuptial Agreement?

Prenuptial agreements are not just for the wealthy. If you have children from previous marriages, homes, properties, an upcoming inheritance, trust funds, brokerage accounts, substantial employment income, pension, retirement income, or a future insurance payout, then you want to consider a prenuptial agreement. A family law child custody attorney can include special interests like pet care and access to social media accounts within your covenantal agreement.

You can decide what your future spouse and children will receive in the form of alimony, child support, and inheritance. Within the details of the prenuptial agreement, you can designate who you would like to have primary sole and joint custody of the children. In the event of a death or a divorce, a child custody attorney can present these facts to the court for enforcement.

What are the Benefits of a Prenuptial Agreement

The court will divide the marital estate according to the prenuptial agreement instead of following the laws of the state. You can also allocate what financial resources and inheritances your children from previous relationships will receive in the event of death. The inheritance divestiture model for heirs of the estate will follow your wishes.

A prenuptial agreement can also clarify the main arguments of a divorce case, like property, division of debts, and alimony. Parties can agree on what level of support each spouse can expect to receive and what access to inheritance rights will become available. Additionally, you can obtain protection from spousal debts.

How Can a Family Law Attorney Help?

The family law attorney at Creative Family Solutions, Cianci Law, PC, can consult with you and your future spouse to answer any questions that you may have concerning contractual agreements. You want to meet with an attorney to complete and sign your prenuptial agreement several months before your marriage. Legal representation can negotiate a fair and reasonable settlement in respects to your assets and liabilities.

Call our Roseville prenuptial agreement attorneys today at (916) 797-1575 to find out more.