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The sensibility of a pre- or postnuptial agreement for couples

California residents have probably noticed that the ages of couples getting married have been rising in recent years. It is therefore more likely that each party has accumulated some degree of assets by the time they get married. While it always seems to be a sensitive subject, prenuptial agreements have no bearing on the longevity of a marriage and can help ensure that each spouse is protected should a marriage end. Similarly, a postnuptial agreement is another option to protect one's assets.

Most people hope never to be in a car accident; however, they take out car insurance because they acknowledge that accidents do happen. Similarly, emotions should be set aside and the possibility of divorce considered before taking a walk down the proverbial aisle. In many cases, one or both the spouses may have been in a previous marriage, and there may be assets to be protected related to inheritance for children. Business interests and any other number of reasons may make a prenuptial agreement a good idea.

In cases where a couple is already married and have reasons to want to protect particular assets that were not covered in a prenup, there is the option of a postnuptial agreement signed after the marriage begins. Some people consider drafting prenuptial and postnuptial agreements themselves, but this comes with a significant risk of the documents not holding up in court. It can be important to have a valid, legal document drafted instead.

Individuals in California who understand the sensibility of a prenuptial or postnuptial agreement may find that discussing it with the other party is not as difficult as it seems. It can be important for both spouses to fully understand the documents that they are signing. Once these documents are in place, both spouses may find peace of mind as they hopefully pursue a long and happy marriage.

Source: Forbes, "The Pesky Pre-Nup: It's Not Always A Bad Thing", , April 15, 2014

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Victoria S. Linder Law Office
5303 Folsom Boulevard
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Phone: 916-905-4805
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