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Prenups can be an invaluable tool during property division

When a couple chooses to enter into a marriage, they are most likely hoping that it will last the rest of their lives. Unfortunately, the odds of a marriage ending in a divorce are still relatively high. If one or the other spouse has worked hard to get a new business up and running, then the prospect of losing considerable assets during the property division portion of a dissolution may be quite discouraging. There are some steps that California residents can take that may make the process less painful -- financially and emotionally.

It may be a prudent step to consider the eventuality of a divorce before the vows are exchanged. In many situations, one spouse or the other may have worked hard to get a new business off the ground. After investing time and money in the process, the realization that one could lose half through a divorce proceeding is likely not a pleasant prospect.

While many may consider a prenuptial agreement the tool of the wealthy, quite the opposite may be true. Even if a future spouse is not financially secure at the time of a marriage, if an idea for a business venture later becomes a profitable realization, the community property laws in California may cause a spouse to lose a significant portion of his or her assets. A well-written agreement can also protect spouses who have relocated or who remarried and want to protect their assets for children from a previous relationship.

 Divorce is often emotionally and financially draining; a prenuptial contract can help prevent some of the bitter fighting which in the end can eliminate some of the stress that couples endure during the break-up. Every situation is unique and the property division laws play a role that must be acknowledged in the creation of these documents. California residents who desire information concerning how to protect themselves in the event of a divorce may choose to consult with a family law attorney for guidance.

Source: Forbes, "Those Who Are Most In Need Of A Prenup May Surprise You", Alyssa Rower, Esq., Jan. 28, 2018

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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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