A prenuptial agreement is a written contract agreed upon and signed by two people about to get married. The contract deals with the assets and property division if the couple decides to separate. A prenup helps avoid legal proceedings and minimizes the financial stress the couple will face during the difficult transition.

Purpose of a prenup

The contract determines the terms if a couple decides to divorce each other. The prenup includes matters of ownership of property, division of assets, debts, spousal support, etc. It helps to have a clear and set distribution of possessions in case of separation. Let's look at the primary purpose of having a prenup.

Serves as a future precaution

During a divorce, both partners can securely declare what amount or possessions belong to whom. Even though divorce is an unlikely situation to arise, it's safe to take a precaution that will help prevent future arguments.

Encourages honesty

A prenup encourages the couple to have an open and honest discussion about their assets, properties and possessions. If you have any shared properties with your partner, both parties can have a frank talk to ensure a fair and just division of their valuables in the prenuptial agreement.

Guide to getting a prenup

Here is a step-by-step guide to discussing and getting a prenuptial agreement.

Discuss the prenup with your partner

You might feel hesitant to bring up the idea of signing a prenup, but discussing it with your partner before you two get married is essential. It is important for you to clarify your views and doubts regarding how you would divide assets, properties, debts, etc. Signing a prenup will ensure both parties have a secure financial future, just in case you and your partner decide to go on separate paths in the future.  

Declare your property to your children

If you have children with an ex-spouse, you might want to pass your property to them. It is crucial you clearly state your desire to pass down your property to your kids when you pass away in the prenuptial documents. According to Californian law, the terms stated in the prenuptial agreement should be obeyed.

Clarify financial responsibilities

Whether either of you is wealthy or has kids outside of your marriage, it's essential to have a clearly defined statement in the document about the financial responsibilities of both parties to avoid any unreal expectations or arguments during the marriage.

Protect yourself from debts

It is normal to owe each other when married, but when the situation turns toxic, it can raise unnecessary conflicts. It would be wise to consult a lawyer before including this in your prenuptial agreement to ensure you comply with Californian laws.

Get an independent legal advice

When drafting a prenup, it would be best for both parties to involve their lawyers to ensure that both partners have their terms and conditions in the agreement. You have the right to an attorney as it also helps ensure that the document is complying with Californian laws and regulations.

If you are looking to draft a prenuptial agreement, reach out to JHLegalHelper to create a customized prenup agreement for you and your spouse. It is best to seek legal advice at our firm to clarify any doubts about the process. Our team of legal experts ensures to prioritize your needs and wishes to find you the right solutions for your problems. To know more about our services, contact us today.