Should I Sign a Prenup?


Pasadena family law attorneys encourage the use of prenups to protect assets, especially if one or both parties have been married before or have children from another relationship. If your fiance has asked you to sign a prenup, this shouldn't be interpreted as him or her "planning for divorce" or not being serious about your relationship. Prenuptial agreements are a smart business move, not a reflection on the viability of your marriage.

If your fiance requests a prenup, remember that you need to have your own attorney during the prenup process. Your fiance's attorney can't represent you because your interests and your fiance's interests are conflicting. Hire your own attorney who can advocate for your interests and alert you to any unfair parts of the proposed agreement.

Keep in mind that there are certain provisions you can't make in a prenup. Your fiance can't ask you to give up or limit child support for any children you may have together, since the welfare of children is a public interest issue. A prenup can limit your right to spousal support, as long as the agreement is not considered grossly unfair given the income and asset discrepancy between spouses.

You should never sign any sort of legal contract until you've completely read all of the contents. Signing a prenup without reading it is asking for disaster. Your attorney can explain parts that are confusing to you, but it's still important to take the time to read the document yourself.

Once you've read the prenup, take a few days to think carefully about what you're signing. When you're in love, it's easy to overlook the possibility that your marriage might not work out. But you need to be prepared for the worst-case scenario. Don't sign an agreement unless the provisions are ones you can see yourself living with after a divorce.

A prenup is not valid if one party has been coerced into signing the agreement. Your fiance can't threaten to cause you physical harm or cancel the wedding to get you to agree to sign the prenup. You need to sign the agreement of your free will.

How Can We Help?

Please call our office at (626) 683-8113 or email us at if you have questions about preparing a valid prenuptial agreement. Our Pasadena family law firm can create a prenup that will ensure that your interests are protected regardless of what the future holds.