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Prenuptials may help avoid problems in the future

As many California residents know, prenuptial agreements are becoming more popular. Couples are looking to such agreements as a way to manage details during the marriage and make a formal arrangement concerning how assets and debts will be handled in the event that they end up divorcing.

Many people come into a marriage with significant financial obligations. For instance, student loans, credit card debt, alimony and child support may be owed. It may be a good idea to decide how such debt will be paid and whether or not repayment will be made out of marital funds. Since many couples both work, deciding before going into the marriage and laying it out in a prenuptial agreement may be beneficial.

Entering into such an agreement may be a way for a stay-at-home parent to know that his or her effort to handle the marital home and raise the children is seen as an important part of the marriage. In addition, since such a parent may have to forego a career as a result, using the agreement to set forth what that is worth in the event of divorce may be a way of assigning value to this effort.

For some couples, a large part of the prenuptial agreement may seem as if it is understood between both parties. However, during divorce it might not seem so clear-cut, and having it in a written formal document might be a good idea. Having a discussion about a prenuptial agreement might be complex, but more couples see it as a way to get some decisions out of the way before the marriage day.

When deciding on what should be included in a prenuptial agreement, it may be advantageous to speak with an attorney. Such an agreement is a contract and thus subject to all contract laws that apply to other types of agreements. As an example, a court is likely to disregard the provisions of a prenuptial agreement if it determines that one of the parties was forced to sign it under duress.

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Victoria S. Linder Law Office
5303 Folsom Boulevard
Sacramento, CA 95819

Phone: 916-905-4805
Fax: 916-498-0127
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