Many people are reluctant to broach the topic of a prenuptial or postnuptial agreement to their fiancée or spouse with the concern that it may be seen as a hostile or distrusting gesture, but in an article published at Forbes.com, the author (who is a wealth advisor and divorced parent herself) asserts that these types of agreements can actually strengthen marriage and can avoid disastrous consequences in divorce.
Why talk about prenuptial agreements and postnuptial agreements before things go sour?
- Life is unpredictable and marriage is difficult
- Talking about challenging topics while the marriage is still good is better than waiting until the typically adversarial construct of a divorce
- Money and communication are the two top reasons why people get divorced,
What is a prenup or postnup and why do you need one?
- A prenup is a contract entered prior to marriage
- A postnuptial agreement is similar to a prenup except that it is executed after a couple is already married.
- It commonly addresses spousal support and provisions of assets in a divorce
- It’s not just for the rich and famous. Everyone has something worth protecting.
- It can address property, debt, future inheritances and earnings.
- Information or documents that show assets and debts.
What are topics to consider in a prenup/postnup?
- Division of assets and debts
- Amount and duration of maintenance/alimony upon divorce
- Ownership and use of property
- Trusts or wills
Can a prenup or postnup determine child custody or support?
- No, parental responsibilities and child support are based on the best interest of the children, so they cannot be negotiated in advance of a marriage or divorce.
Contact an Experienced Family Lawyer
An experienced family lawyer can help you with a prenuptial or postnuptial agreement that can save time and anxiety in the future. At the Law Office of David Knecht we have extensive experience with family law in California and can help you successfully prepare these agreements. We look forward to assisting you. Contact us at 707-451-4502.
