When California couples start considering marriage, they may think about whether they should get a prenuptial agreement. While many believe that prenuptial agreements are for those who are wealthy, prenups can also protect those who are still building their wealth.
There are many benefits to drafting a prenuptial agreement regardless of how much wealth future spouses have. For example, a prenup can be used to determine how certain assets might be split up in the event of a future divorce. This could make a future divorce proceed more easily and without major arguments. Future spouses who have children from previous relationships can also ensure that their children are protected, especially if a future spouse plans to leave certain separate property to them. If a future spouse co-owns assets with another person outside of the relationship, such as a business, those assets could protect both the future spouse and the other individuals involved.
Bringing up the topic of prenuptial agreements can be difficult as it is often a sensitive subject. It is common for one future spouse to believe that a prenuptial agreement only protects one person. However, both future spouses have the option to bring up how they would like to handle assets and finances during the marriage.
When two people are coming into a marriage, they likely have some assets that they want to keep separate. This may include a business or real estate property. A family law attorney may help a future spouse draft a prenuptial agreement that focuses on asset protection for both future spouses. The attorney may represent the future spouse through any negotiations that need to be made before a final version of the prenuptial agreement is ready to be signed. The attorney may also help protect the future spouse’s rights when going over a prenup.