Pasadena
Prenuptial Agreements Attorney

There are many reasons to get a prenuptial agreement in California. You do not necessarily need one of the following reasons to get a prenup, though. Any couple who wishes to solidify their assets before they marry can draft these documents. The specific purpose of the agreement will vary from couple to couple, depending on their particular situation and financial background. However, there are some major reasons that couples seek out premarital contracts before they get married:

To Avoid Absorbing Debt

Prenuptial agreements are a fantastic way to help alleviate the financial burden on your future spouse. Many people have debt of some kind, whether it be credit card debt, student loans, or other payments. When you marry, your spouse becomes responsible for your debts as well. With a prenup, your spouse may not be financially liable for your debts, which can become a significant source of relief in case of your death. Couples in which one individual has far more debt than the other should consider prenuptial agreements before tying the knot.

Streamline Inheritances in Case of Death or Divorce

For individuals with children outside of the marriage, signing a prenuptial agreement can help ensure that the children inherit what is rightfully theirs. If no prenup is signed, the property will likely go to the living spouse, and the children may get less or none of it. With a prenup, lawyers can easily determine what is legally your property and allocate it to the intended beneficiaries.

Avoid Divorce Arguments

Though it’s unlikely that you want to think about divorce at the time of your wedding, prenups can make divorce incredibly simple and straightforward. You will have to endure far fewer arguments and battles over assets and will be able to retain what was yours before the marriage. This ensures that your spouse isn’t marrying you to gain assets and that any family property or possessions stay within your possession. It is important to note that prenups do not always affect alimony. In many cases, alimony is considered separate from premarital finances, and the right to it cannot always be waived in a premarital agreement.

Establish Financial Rights

This is what most people think of when they talk about prenups. In some cases, couples simply want to be clear and straightforward about whose money is whose and what right each spouse has to each other’s money. You do not have to be wealthy to write one of these, nor do you need to have children. This is simply a way to clarify what financial rights and responsibilities will exist in the marriage.

A couple does not necessarily need one of the above reasons to sign a prenuptial agreement and may have other reasons of their own. The purpose of a prenup is dependent on the situation but is almost always to protect the marriage from being sullied by financial battles or control.