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Should you get a prenup?

When most couples get married, the last thing on their minds is the idea that they may someday be dividing their assets. This could be because they are so in love that it seems impossible or it could be that they don't actually have any assets to divide. Here in California, we have a community property state where assets and debts are automatically divided equally, 50/50. With a prenuptial agreement, couples can choose to decide how their assets will be divided in the event of a split, thus effectively opting out of California's community property laws.

But, does every couple need a prenup? To help you decide, here are some of the pros of drafting a prenup:

  • Prenups can keep the courts out of your estate plans.
  • Prenups can spell out special arrangements. For example, they can determine how you will handle finances, which can be one of the most contentious issues in a marriage.
  • Prenups can resolve some of the most divisive conflicts in the event of a divorce.
  • Prenups can ensure that your spouse's debts stay with him or her after a split.

Some of the cons are:

  • Prenups aren't the most romantic topic.
  • Prenups don't decide matters of child custody or support.
  • Prenups can be an extremely delicate subject.
  • Prenups can't determine things like who does the cleaning, where you'll take vacations or the children's schooling.

If you have questions or concerns about drafting a prenup, an attorney can sit down with you and help you determine if you need one or not.

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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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