5 Reasons to Consider a Prenuptial Agreement

It can be very easy for engaged couples to get swept up in the process of planning a wedding and neglect to consider their futures. We don’t blame them, after all, no one wants to plan for their marriage failing before it even starts. However, many engaged adults are investing in prenuptial agreements to properly prepare and protect themselves before marriage.

According to an article about prenuptial agreements by Forbes, “The number of couples signing a prenup is on the rise, according to a recent survey by the American Academy of Matrimonial Lawyers. Almost two-thirds of respondents have seen an increase in the total number of clients who are seeking prenups during the past three years.”

We believe that adults are choosing prenuptial agreements in order to enter their marriages maturely and confidently.

Here are 5 reasons why you should consider a prenuptial agreement before getting married in San Diego.

[1]: Pre-nuptial agreements require you to take a very close look at your finances, decreasing your chances of arguing about finances once married.

[2]: If your partner is in debt. You should absolutely consider a prenuptial agreement if your spouse has racked up serious credit card debt. Doing so will ensure that you won’t be held liable for your spouse’s debt before your marriage.

[3]: If you make more money than your partner or vice versa. No one wants to think about their marriage hitting rock bottom. USA Today published an article earlier this year stating that 40-50% of marriages in the US today end in divorce. With a little planning, pre-nuptial agreements can protect you should the worst happen and your marriage ends in divorce.

[4]: All business owners should consider working with an attorney to draft a prenuptial agreement. If your marriage ends in divorce, you may end up giving your spouse 50% of your company. It’s in your best interest to invest in a prenup to protect your business in the event of a divorce.

[5]: You or your spouse plan to be a stay-at-home mom. It comes as no surprise that children complicate the divorce process. And if you or your spouse plan to be a stay at home mom, the lines become grey during the divorce process. You or your spouse may have stepped out of the workplace to raise children, making it difficult to financially adjust post-divorce. Outlining terms in a prenuptial agreement can ensure that both parties feel comfortable and safe in an event of separation.

Those are just a small handful of key scenarios in which someone should consider a prenuptial agreement. If you’re getting married in San Diego and would like to schedule a private consultation with a prenuptial agreement attorney, Annis & Vercollone can help.

A few helpful insights regarding getting a prenuptial agreement in California:

[1]: It’s important to allow enough time for drafting and finalizing the prenuptial agreement. A San Diego prenuptial agreement attorney will need 6-8 months to properly prepare.

[2] A professional mediator can work with both parties to ensure their needs are reflected in the prenuptial agreement. However, you may need your own attorneys to file a prenuptial agreement. If both parties wish to be represented by the same attorney, they can file a conflict waiver.

[3]: Your prenuptial agreement consultation with a San Diego attorney is completely confidential and private. We provide free phone consultations if you’d like to privately discuss your options.

[4]: You can outline the distribution of property, alimony, and even pets in most pre-nuptial agreements, but child support can not be binding.

[5]: Look at prenuptial agreements as insurance. Hopefully you never have to use it, but in the event of a disaster, you’ll be glad you set one in place.

What happens if you choose not to make a prenuptial agreement in California:

If you choose to forego a prenuptial agreement, property acquired during your divorce becomes community property. A spouse would generally have the ability to share the property and debts acquired during the marriage. In the event of a divorce, the division of assets attained by each spouse before marriage can vary.

If you’re engaged in San Diego or California and would like more information on filing a prenuptial agreement, contact our San Diego family law experts.