Of course, you wouldn’t be planning your fairy-tale perfect wedding if you didn’t think it would last forever. But it never hurts to plan ahead. There are a lot of sensible reasons to ask for a pre-nuptial agreement (AKA prenup), which have nothing to do with how much you love and trust your fiancé.
Plus, taking the practical step of talking about financial goals, habits, and expectations can actually help your relationship. Money is the number one reason that couples fight and marriages break up. It makes sense to start building trust and having conversations early, before problems occur.
At Kendall Gkikas & Mitchell, LLP, our expert attorneys have handled many divorce cases over the years, and we’ve seen why poorly-drafted pre-nuptial agreements fail. We will use that knowledge to help you create the best agreement, tailor-made for your needs. Call us today to set up a 60-minute initial consultation to learn more.
Five reasons to get a prenup
Here are five reasons why you should consider getting a prenup:
- You have been married before, and would simply feel safer knowing that you’ve already planned for the worst case scenario.
- You have children from a previous relationship, and you might want to provide for their right to inherit your separate property.
- One partner already has a lot of assets, or owns part of a business.
- You both are bringing significant assets or property to the marriage.
- Either of you have a lot of debt.
There are many other reasons why you might want to set out an agreement, just in case. By talking to an expert Southern California family law attorney at Kendall Gkikas & Mitchell, LLP, you will be able to decide for yourself whether a pre-nuptial agreement is right for you and your future spouse.
What do we have to do to make a prenup?
Typically, each spouse must have their own attorney to ensure that both sides are represented fairly. (This can be waived, but any agreement about alimony will not be enforced.)
When the court looks at whether an agreement is valid, it will look at whether:
- Each party entered into the agreement by their own free will.
- Each person had sufficient time to review the agreement before signing (at least seven days).
- Both parties were honest and fully disclosed their property and finances.
In California, a written prenuptial agreement will take effect when the couple gets married.
What will the prenup cover?
Pre-nuptial agreements will often cover alimony (spousal support) and the division of separate and community property. You can also make sure to address specific issues that apply to you, for your peace of mind.
A prenup agreement just can’t be illegal or “against pubic policy,” such as giving one party an incentive to divorce for some reason. You also can’t waive one spouse’s duty to pay child support. The right to receive child support is actually a right that belongs to the child, not the parents—so the parents can’t waive it in a prenup. However, you can agree that one parent will pay more child support than what the court would typically order.
If we get divorced, will the court have to follow the agreement exactly?
Generally, as long as the agreement is legal and is not “unconscionable” (unreasonably unfair), the court will follow the prenuptial agreement. If an agreement about alimony is extremely unfair to a spouse at the time of the divorce, that part of the agreement may not be enforced.
Planning for a wedding can be a lot of fun, but it’s important to take time to plan for the future too. Take the time to talk to your fiancé about your finances and expectations, and make an appointment with a knowledgeable Southern California prenup attorney at Kendall Gkikas & Mitchell, LLP. Call 909-482-1422 or email info@parents4children.com to make an appointment today.
