Couples often have the misconception that a prenuptial agreement is a “death kiss” to their relationship. Prenups have a bad reputation for being a document couples only sign if they are unsure if the marriage is going to work. Although that is a good reason to create one, there are many more non-threatening reasons why prenups are a sign of a healthy relationship rather than an unhealthy one.
If you are soon to be married, contact the Law Office of Michael L. Fell at 949-585-9055, or request a confidential, consultation. To learn more about pre-marital agreements and how they should not be stigmatized, continue reading below.
Is a Prenup a Sign That Our Marriage is Doomed to Fail?
Simply put, no. Of course, no couple goes into a marriage expecting it to fail. Life happens though, and sometimes things don’t work out. Signing a prenup is a mature action to take as it ensures both parties have their assets protected. Further, if your relationship wasn’t in a good state, the prenup wouldn’t be necessary because you wouldn’t be getting married. Marriage is a test of love, and unfortunately, sometimes that test thrives and sometimes it falters.
In the event of the marriage resulting in divorce, a prenuptial agreement is created to ensure your assets are protected and returned to you. Some of the most common uses for prenups are:
- Excluding certain assets from community property
- Setting pre-determined spousal support or child support
- Assigning responsibility for debts
- Assigning custody for any children
- Preserving the inheritances of children from a prior marriage
Prenups protect both spouses. If an agreement leans toward being one-sided, it may not hold up in court. To ensure it holds up, it needs to be equally fair for both spouses, has their lawyer(s) present when they sign it, and express 100% honesty about their assets and debts.
What if We Got Married Without a Prenup, Can We Still Get One?
Don’t worry, it is never too late to create a postnuptial agreement. Whether you’re newly married or have been married for many years, you can always create an agreement with a postnup. This trend is becoming popularized in today’s world. As a marriage thrives and grows, it is important to protect what you have built. A lot of the common uses for a prenup can be applied to a postnup.
The biggest difference is simply the timing of the agreements being signed. However, even if you have signed a prenuptial agreement, you can always create a new contract with your spouse to reflect your marriage’s current assets.
Contact a Prenup Attorney Today
If you would like more information about pre-martial agreements, please contact us at 949-585-9055 or request your initial consultation with our family law attorney, Rita Liu. After many years of experience with prenups, Attorney Tran knows what points typically become most contentious and she can help you shape your agreements accordingly.