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The upside of a prenuptial agreement

Preparing to get married is a joyous, happy time for couples. During this period, the focus is on wedding preparation and celebrations of the union. Nobody wants to contemplate the marriage ending before it even begins. This is why prenuptial agreements can be a very sensitive topic between couples. However, if both people in the relationship fully understand the benefits of having a prenuptial agreement in place, the stigma associated with such an agreement can be easily overcome.

A prenuptial agreement sometimes referred to as a premarital agreement, is one made by a couple before they marry regarding ownership of their respective assets should the marriage fail. In the state of California, prenuptial agreements are quite common. Both parties can benefit from a prenuptial agreement wherein it can ascertain what happens to each spouse's assets without it having to be further negotiated once the agreement is in place. It can also provide significantly for the well-being of each spouse should the marriage end in divorce.

There are specific legal requirements for a prenuptial agreement. For example, each party must have full knowledge of the other's property and finances before signing the agreement, and the agreement must be held for a particular time period before being signed. Some of the items addressed in a prenuptial agreement are non-marital property (property owned by either spouse before the marriage), spousal support, asset protection, and distribution of wealth or assets. There are also items that cannot be included in such an agreement, such as government benefits, or anything illegal.

When considering entering into a prenuptial agreement, it is beneficial to consult an attorney with experience in this area. Having an attorney assist with the prenuptial agreement will ensure your financial well-being and avoiding unnecessarily complicated property division issues should the marriage end.

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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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