Don’t be hurt. Before you get married, the last thing you want to think about is whether or not you may get divorced in the future. No one expects to get a divorce, but it’s always better to be prepared for an uncertain future.
A premarital agreement, commonly known as a prenup, is a contract between two people in anticipation of marriage that specifies the rights and obligations of both parties in the event of a divorce.
The content can vary, but agreements typically include provisions for property division, particularly what is considered separate vs. community property in the marriage. As California is a community property state, it is assumed that all assets gained during the marriage belong to both partners. If you want to protect certain assets from division, a prenup can help you do that. It can also clarify each person’s financial rights during and after the marriage.
It is worth noting that all agreements, in order to be enforceable, must still abide by state law. For example, if you and your spouse agree on an alimony amount that falls below the state support guidelines, the court will not enforce it. In order to have a clear and effective prenup agreement, it's best to have a premarital agreement lawyer guide you through the process.
In the absence of a premarital agreement, courts may control the property, finances, and other vital issues that face a divorcing couple. The best way to ensure that you draft a strong pre-marital agreement is to enlist the help of a family law attorney at the offices of Holstrom, Block & Parke. We can guide you in drafting a strong and clear agreement, so you will have confidence that your assets and other property are safe and secure before you enter into marriage.
Call our office at (951) 432-5351 to receive a free phone consultation, or contact us online.