Big Firm Experience
With A Personal Touch.

Who needs a prenuptial agreement in California?

Prenuptial agreements are no longer uncommon in California, but many people wonder if they need one. After all, getting married is supposed to be an emotional and romantic experience, not a business negotiation. Nevertheless, many marriages end in divorce despite the good initial intentions of the spouses. If a couple should decide that they need to end their marriage, a proper prenuptial agreement can save them emotional energy and financial burden by resolving a number of issues in advance.

A person who has accumulated significant assets prior to the marriage may want a prenuptial agreement to identify those assets and keep them beyond the reach of California's community property laws. A person who anticipates receiving a significant inheritance during the marriage may want to specify that the inheritance will not become community property. Both prospective spouses may benefit from a prenuptial agreement if both of them have significant assets. A prenuptial agreement may also help resolve business issues if the spouses are business partners or shareholders in a close corporation.

Some issues are beyond the reach of a prenuptial agreement. These agreements cannot require either party to forego spousal support. Similarly, prenuptial agreements may be unenforceable if their terms adversely affect the rights of children of the marriage to receive adequate parental support.

Prenuptial agreements can be useful in many cases, but they are not for everyone. Moreover, the failure to make adequate financial disclosure to the prospective spouse may render the agreement unenforceable. Anyone wondering about asking for or signing a prenuptial agreement should consult a lawyer who is knowledgeable about the financial aspects of divorces. Such a consultation can provide guidance about the overall advisability of signing such an agreement and whether individual terms should be requested or renegotiated.

Source: FindLaw, "California Prenuptial Agreements," accessed on March 27, 2017

No Comments

Leave a Reply

EMAIL US FOR A RESPONSE

Request a consultation

* labels are required.

Main Office

1606 Juanita Lane Suite B
Tiburon, CA 94920

VISIT OUR MARIN LAW OFFICE
Phone: 415-942-9695
Fax: 415-366-1899

Napa Office

1606 Main Street Suite 207
Napa, CA 94559

VISIT OUR NAPA LAW OFFICE
Phone: 707-310-8522
Fax: 415-366-1899

Walnut Creek Office

1990 N California Blvd 8th Floor
Walnut Creek, CA 94596

VISIT OUR WALNUT CREEK LAW OFFICE
Phone: 925-660-7627
Fax: 415-366-1899

Santa Barbara Office

827 State Street
Suite 1
Santa Barbara, CA 93101

VISIT OUR SANTA BARBARA OFFICE
Phone: 805-719-7841
Fax: 415-366-1899