Prenuptial Agreements

The following are scenarios where people need to consider entering into a prenuptial agreement:

1) You are getting married, and you have property and/or savings in which you do not want your future spouse to acquire an ownership interest. Very often, you do not need a prenuptial agreement to accomplish that. California law provides a lot of protection for assets obtained prior to marriage, during marriage by gift or inheritance, and assets obtained after the date of your separation. You might need a prenuptial agreement for other reasons, such as allowing for the improvement of those assets during marriage; defining how to address community assets and separate property assets; and, limiting or expanding either spouse’s right to receive spousal support in the event you and your spouse separate.

2) If you are marrying someone who has significant assets prior to the marriage, you also need a prenuptial agreement. Absent an agreement to the contrary, when your marriage terminates, your ex-spouse will leave the marriage with all of these assets, and you could be left with nothing.

3) If you are asking your future spouse to waive his or her right to receive spousal support after a divorce, your future spouse must be represented by a family law attorney in order for that agreement to be enforceable.

If you are faced with the decision of whether or not to create a prenuptial agreement, or your future spouse wants a prenuptial agreement, family law attorney Ms. Hall Neville provides a free telephone consultation to discuss your options.