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What A Prenuptial Agreement Can And Cannot Cover


San Diego divorce attorneyPrenuptial agreements have become necessary not only in San Diego but throughout the world as spouses and families come together for life-changing events such as marriage, cohabitation and business with other members of families.

The discussion surrounding prenuptial agreements could dampen the romantic feeling of marriage: but they are necessary to protect each individual entering marriage.

Prenuptial agreements are not for the divorce attorneys, they are for you. They offer you protection, clarity, compassion, and guidance. So contact your San Diego divorce attorney now and get started.

What do Prenuptial agreements cover?

  • Property – real estate, businesses, furniture, art works, jewelry, animals, vehicles, digital brands, web domains, servers, etc.
  • Debts – premarital, student loans, secured and unsecured debts, credit card debt, etc.
  • Behavioral clauses – infidelity, slander, defamation, rumors, secrets, etc.
  • Alimony.
  • Drug-related penalties.
  • Who will pay for what for child expenses?

What don’t they cover?

  • Child support.
  • Visitation of children.
  • Custody.

Six months before you marry, you should work together with your family law attorney to prepare your prenuptial agreements. Your children, property, families and business partners need protection if your relationship ends. You can begin your marriage having agreed upon your rights and responsibilities.

A prenup removes many uncertainties about what is going to happen in case the two of you divorce.

Financial planning for couples as they begin their journey together is just as important as being married. Prenuptial agreements outline, what you own, owe and what life choices you will make. They are not just for husbands and wives, they can be for same-sex couples, or families commencing a business.

Prenuptial agreement protect both parties.

Couples marrying for the second or third time, a prenup will protect any previous children from a former marriage, to ensure they receive their inheritance.

If you give up your career to take care of the children, you can enter a prenup; regardless, if you are already married. If a change of lifestyle impedes your ability to earn income, you can have a prenuptial agreement drafted. It will outline how you will be remunerated in the event of divorce, separation or death from your spouse. Alimony if left in the hands of the state, can be costly. In the prenup, alimony can be paid in a lump sum amount or in an agreed payment schedule.

It is important that the prenuptial agreements be completed by a licensed attorney and both parties are to seek separate legal advice prior to signing. If there is evidence of coercion or bullying into signing the agreement, the agreement may not stand up in court. Prenuptial agreements in some states have sunset clauses which mean after a certain period they are no longer valid. Hire a qualified attorney.

When a prenuptial agreement is in place it reduces the costs of legal representation because the prenuptial agreement already outlines what is to take place. In fact, when you divorce in San Diego, CA, and a prenuptial agreement is not in place, the community laws of that state are enforced. The state laws vary and without a prenup, you are at the mercy of the judge and court decisions.

Prenuptials (otherwise known as Prenuptial agreements), can distribute assets and debts upon separation and/or divorce. Before entering a prenup couples give an honest account of their assets and liabilities, to ensure upon cessation of the marriage, the debts, and assets are protected.


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