If you are planning to get married, you may be getting advice from family or friends encouraging you to get a “prenup.” A prenuptial agreement is contract entered into prior to marriage that often contains provisions for property and debt division in the event of a divorce. This article addresses some of the common myths and misconceptions regarding prenup agreements.
A prenup dooms your marriage.
- Asking your loved one to sign a prenup is not very romantic, but often marriage involves challenges where thoughtful planning and communication can trump the romance and assumptions that come in the courtship stage, which is why loving relatives and friends urge couples to keep the romance alive later in the marriage by tackling tough topics before conflicts arise.
- Asking for a prenup is not bucking a trend, but rather following it. As reported on mediate.com, 44% of singles think a prenup is a good idea and 15% of divorcing couples wish they had signed a prenup.
Prenups are expensive to get or are just for rich people
- Truth is, not matter how much or little money you have, everyone at some level cares about money because it is the way we survive.
- You may have student loans or credit card debts or may plan to incur those during the marriage.
- You may inherit money during the marriage.
- You may want a safety net against your future spouse’s unhealthy behaviors (money toward addictions, uncontrolled spending, etc. )
Prenups are unfair
- The most widely publicized prenup cases are often those that are unfair to one spouse, but the norm is to create a balanced and fair agreement that effectuates the goals of both spouses.
- Both parties should be represented each by their own lawyer to ensure fairness in the prenup process.
Contact an Experienced Family Lawyer
Many couples want a simple prenup that doesn’t break the bank and others want a complex contract that deals with significant assets and future income. Regardless of where you fall on the spectrum of cost and complexity, here at the Law Office of David Knecht, we have extensive experience in prenuptial agreements in California and can help you successfully prepare a contract within your budget that meets your goals. Contact us at 707-451-4502.