When the wedding bells ring and a new bride and groom walk down the aisle, the idea of divorce is the last thing on anyone’s mind. Yet the sad truth is that nearly 50% of all marriages end in divorce. That alarming statistic means you need to protect your assets and prepare for every situation.
At Wilkinson & Finkbeiner, our Orange County prenuptial agreement attorneys suggest every couple discuss the option of these types of agreements before getting married. While a difficult conversation to have, such an agreement can save trouble, stress, and heartbreak down the road. Even after you have been married with a prenup, a postnuptial agreement can be made.
Prenuptial Agreements in Orange County
A prenuptial agreement is essentially a contract between two people preparing for marriage. It outlines which assets belong to each party and how they will be distributed in the event of a divorce. It is a form of protection that is legally binding in the court of law.
For a prenuptial agreement to be valid, California law requires that an attorney represent each party involved. There are also specific timelines and regulations that must be met prior to marriage. Working with an experienced family law attorney in Orange County can help ensure a valid prenuptial agreement is formed.
When to Consider a Prenuptial Agreement
It is a common misconception that prenuptial agreements are only for the rich. While they are certainly popular among the upper class, they are practical for marriages in every socioeconomic category. Consider signing a prenuptial agreement if any of the following categories describe you:
- You own your own business or corporation.
- You are due to receive a sizeable inheritance in the future.
- You have assets with considerable value (home, real estate, stock, retirement fund, etc.).
- You have loved ones that depend on you for assistance.
- You are expecting your income to increase drastically in the coming years.
- You have children from a previous marriage.
- You are much wealthier than your future spouse.
- You are planning on entering a field that is particularly lucrative, such as medicine.
- Any other situation that involves your personal finances and assets.
The Benefits of a Prenuptial Agreement
Prenuptial agreements can be beneficial for all parties involved. Some of the major advantages include:
- Candid conversation. Couples entering marriage are often reluctant to discuss finances. Bringing up the value of a prenuptial agreement can be a great place to start. It allows you to uncover issues that could become problems in the months and years to come.
- When large assets are involved, it can be easy for the other spouse to be swayed into marriage for the wrong reasons. A prenuptial agreement can give you the confidence you need to ensure your future spouse is not after your finances.
- In the event your marriage does end in a divorce, a prenuptial agreement makes the process exponentially easier. There is no fight over assets and you can move on without additional conflict.
- When a marriage ends suddenly in death, a prenuptial agreement can serve as a type of will. It may determine which assets go to children and other family members.
Contact an Orange County Prenuptial Agreement Lawyer at Wilkinson & Finkbeiner
The Orange County divorce attorneys at Wilkinson & Finkbeiner have years of experience dealing with family law and prenuptial agreements. Unfortunately, we are no longer accepting premarital agreement drafting or reviewing matters, except in extremely limited cases.