So many engaged couples consider prenuptial agreements and reject them due to the preconceived notions that a prenuptial agreement entails planning for a divorce before the marriage and will ultimately be harmful for the union. This reluctance usually ends up costing couples more money, time, and energy in the long-run and may not be a good reason to rule out the possibility of a prenuptial agreement. To receive a professional opinion on the need for a prenup, contact an experienced, local family law attorney who will be willing to discuss your options with you.
A prenuptial agreement is a contract that a couple negotiates before a marriage takes place to outline how certain financial aspects of the marriage will be handled in the event of a divorce. Prenups usually discuss property, debt, and alimony and make arrangements for the distribution or waiver of certain property, debt, or alimony awards.
One thing prenups cannot be used for is regulating child custody or support; because those rights are of such a nature that a child is entitled to them, a parent cannot waive them on behalf of the child and the court should make a determination of what is in the child’s best interests.
Another major factor to take note of is the concept of unconscionability. Regardless of the provisions you agree to in the prenup, a judge will not enforce a provision that is unconscionable, meaning the provision is unreasonable or wrong, especially if the provision will leave one ex-spouse destitute while the other ex-spouse lives a luxurious life.
Despite some of the negative connotations that prenups often conjure for many people, there are some significant benefits to deciding to make one:
Do not let traditional conventions choose your future for you. A local, Sonoma County family law attorney can give you the information you need to help you determine whether a prenuptial agreement is best for your marriage. It is important that you speak to an experienced attorney about the issue before you make a decision either way; contact Charles D. Stark for the information you need by calling 707.527.9900.