For some couples who are about to enter into a marriage, they may wish to protect their best interests in the event that they do not wish to stay married. California law has allowed for this to happen through what are called prenuptial agreements. Essentially these documents outline an agreement that comes into effect if a married couple decides to part ways and dissolve their marriage.
A common myth is that prenuptial agreements are usually horribly lopsided against one spouse and are brutally unfair. This is far from true in most cases. For starters, these lopsided agreements usually do not hold up in court, and are thrown out. Similarly, a properly-drafted agreement is fair to both parties, protecting both of their best interests. In this way, couples looking to divorce can avoid lengthy and convoluted litigation in court over the division of assets which they possessed when they entered into the marriage.
What Do Prenuptial Agreements cover?
Prenuptial agreements can cover almost anything. A Rocklin family lawyer can help you piece together an agreement based on the needs and desires of both parties, including making provisions for a number of types of assets.
A prenuptial agreement can protect possessions such as:
- Real estate
- Intellectual property and usage rights
- Financial assets
Prenuptial agreements can also include provisions for terms of a separation, including an agreement that neither spouse will pay spousal support or alimony to the other in the event of a marriage dissolution.
Who Needs a Prenuptial Agreement?
Prenuptial agreements are sought out by couples entering into marriages under a wide variety of circumstances, however they are most frequently utilized by couples where one or both spouses are entering into the relationship with a significant amount of assets to their name.
Prenuptial agreements are also frequently used by couples who are entering into a marriage with children from previous marriages. In this case, a prenuptial agreement can place the best interests of the children at the forefront by providing a plan should the couple decide to end their marriage.
Myers Family Law serve the family law needs of clients from all around the Rocklin area with a compassionate and pragmatic approach. Our legal team has more than 25 years of combined experience, meaning we have handled many unique cases with a wide variety of circumstances. With a Certified Mediator and a Board Certified Family Law Specialist on staff, we have the tools you need to navigate the complicated and difficult process of your family law needs.
Call Myers Family Law at (916) 634-0067 to schedule your initial consultation for any of your family law needs.