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What Does a Prenup Protect?

Pasadena matrimonial lawyers recommend that anyone contemplating marriage consider creating a prenuptial agreement.

Prenups provide provisions to protect assets acquired before marriage, which is very important for couples who are marrying later in life. For example, if one spouse owns a home or small business, a prenup could be written to protect these assets in the event of a divorce.

Prenups can also outline how assets from the marriage would be distributed in the event of a divorce. For example, a prenup might state that the custodial parent would be granted the marital home and the noncustodial parent would be given any other real estate the couple owned.

If the spouses are bringing debt to the marriage, a prenup can outline how debts will be repaid. This is important if one person has significant debts that the other spouse does not want to be held legally responsible for repaying, such as debts from a previous failed investment opportunity.

If there is an earning discrepancy between spouses, prenups can make provisions for spousal support. Spousal support can be tied to the length of the marriage or factors such as whether or not the divorce was caused by an extramarital affair.

If desired, prenups can include language relating to personal rights and obligations. This could include issues such as how expenses would be handled if one spouse wanted to attend graduate or professional school while the other continued to work full time.

One thing a prenup can't do is violate the law. For example, it's impossible to create a prenup that waives the right to child support for children born in the marriage. Children have a legal right to support that can't be terminated on their behalf.

When creating a prenup, remember that full disclosure is essential to creating a prenup that can be legally enforced. If one spouse has hidden assets, the prenup will be invalid. The prenup must also be signed willingly. If one spouse was coerced into signing the agreement, it would be declared invalid.

How Can We Help?

If you're in need of assistance creating a prenuptial agreement, please call our office at (626) 683-8113 or email us at info@PasadenaLawOffice.com. Our Pasadena matrimonial law firm is eager to help in any way possible.

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