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Bay Area Family Attorneys > Blog > Prenuptial Postnuptial > 5 Surprising Facts About California Prenuptial Agreements You Should Know

5 Surprising Facts About California Prenuptial Agreements You Should Know


Prenuptial agreements, commonly known as “prenups,” are legal contracts signed between two individuals before marriage that enables them to select and control many of the legal rights they acquire upon marrying, and what happens to their rights if their marriage ends by divorce. More and more couples are opting for prenups, as they are a straightforward and approachable way to protect an individual’s assets and interests in case of a divorce.

While prenuptial agreements are becoming ever-more mainstream, the idea of them is still pretty vague in a lot of people’s minds. The idea of asking your significant other to sign a prenuptial agreement can feel intimidating. This is especially true because a prenuptial agreement is signed before the wedding – you probably would not be getting married at all if you thought it would end in divorce. And neither would your partner. If you have done your research but still feel on the fence about whether a prenuptial agreement is right for you to pursue, the esteemed prenuptial and postnuptial agreement attorneys at Cardwell, Steigerwald Young are available to talk and work with you on the specifics of your own case.

#1: Ordinary People Get Prenups

You do not have to be wealthy to get a prenup. A prenuptial agreement is pursued by ordinary people all over the country for many reasons. One reason is that a prenup can set out how assets will be divided in the case of a divorce. This can not only safeguard anything that you find very important to ensure that you keep, it is also something that can save a significant amount of time and money if a divorce should ensue. All of the effort and time put into a prenuptial agreement is likely effort and time that you are saving threefold over, if you ever do divorce.

#2: Prenups Can Resolve Many Potential, Future Disputes

Prenups are not solely used to predetermine the division of assets. A valid prenuptial agreement can pre-determine several items, such as spousal support, inheritance rights, and debt division,. Every issue that you can work out prior to a divorce filing, is one less issue to spend time on and fight over if a divorce ever becomes necessary.

#3: Prenups Can Help to Protect Inheritances

If you expect that you will inherit assets or property from a family member’s estate, a prenup can be drafted to include provisions that protect your inheritance in case of divorce.

#4: Prenups Simplify Divorce Proceedings

As mentioned in some of the sections above, a prenup can work heavily in the couples’ favor to streamline a divorce. Divorce will always be difficult. But what can make it downright traumatic is when a divorce drags on and on. Bad feelings and disagreements over how assets are divided or other aspects of the marriage resolved – it can take years. A prenuptial agreement can reduce the stress and financial burden of a potential divorce.

#5: Your Partner Will Be Completely Up to Speed

For a California prenuptial agreement to be valid, both parties to the prenup must agree to the terms as written in the prenup, and have the opportunity to consult with an attorney prior to signing the prenup. While it is ultimately going to be on the onus of both parties to ensure they understand what they are doing when they sign the prenup, it is important that the party’s do what they can to ensure that the prenup – which is a binding contract – is entered into in good faith. The last thing anyone wants is a situation where you think that several items of your divorce have been pre-settled via your prenup, only to have the courts declare your prenup to be invalid and unenforceable. The esteemed prenuptial attorneys at Cardwell, Steigerwald Young can help to avoid this.

Contact Cardwell, Steigerwald Young

The San Francisco  prenuptial and postnuptial agreement attorneys at Cardwell, Steigerwald Young can help walk you through what is necessary to craft a prenuptial agreement that works for you, and that lasts. Contact our office to begin working with our legal team on any of your prenuptial or postnuptial agreement needs.

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