Should I Get a Prenuptial Agreement? Here’s What to Know.

In today’s day and age, around half of all marriages end in divorce. Though no one wants to consider that this may be the case for them, it is always a possibility, and like all things in life, it is always best to prepare for the worst. One of the best ways a future married couple can prepare for a potential divorce is through drafting a prenuptial agreement. We understand that there is a certain stigma surrounding prenuptial agreements, however, more couples are creating them now than ever. This is because they are realizing just how useful they can be. Further, drafting one does not hurt a marriage. They are drafted with both partners keeping in mind that it is a simple step that they can take and forget about immediately after, and that such a simple step can protect them greatly in the long run. Please continue reading and reach out to our experienced Los Angeles divorce attorneys to learn more about prenuptial agreements in California and how our legal team can help you draft one. Here are some of the questions you may have:

How can a prenuptial agreement benefit me?

Prenuptial agreements come with various perks. To start, they can help both partners protect any assets they’ve acquired prior to marriage. This can include real estate, vehicles, and more. You can also outline how certain assets will be distributed in a divorce, and even determine future alimony/spousal support payments. Prenuptial agreements can also be used to protect inheritances from divorce as well. These are just some of the benefits of drafting prenuptial agreements. If you are already married, you can no longer draft a prenuptial agreement, but you can draft a postnuptial agreement. This serves the same essential purpose but is exclusively drafted after marriage.

What makes a prenuptial agreement valid in California?

For a prenuptial agreement to be valid and enforceable in the state of California, it must meet the following qualifications:

  • Both parties must have the mental capacity to consent to the agreement
  • There must be no evidence of coercion or deceit into signing the document
  • Both spouses must fully disclose their assets in the document
  • The agreement must be drafted before marriage
  • The agreement cannot outline issues regarding children, such as child custody or support
  • The agreement must be in writing

If you have any further questions or are ready to get started, give us a call

Contact our experienced Los Angeles firm

Divorce and family law issues are notoriously complicated and personal, which is why you must hire an attorney with years of experience, as well as the compassion and skill needed to handle these sensitive matters. For the qualified, dedicated legal representation you and your family deserve and need, contact Zitser Family Law Group, APC today.

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