Couples use a prenuptial agreement to address the parties’ interest in the assets and debts in the event of separation or divorce. A prenuptial agreement is also helpful in the death of one spouse. It can assist in resolving problems regarding distributions of marital debts as well as assets. A prenuptial agreement is becoming common, but couples can be hesitant to sign one. You can make your decision by considering how a prenuptial agreement can help you. (See Family Code section 1610).
Marriages are not only a romantic relationship, but also a kind of business-based relationship. To, secure everyone’s financial interest is extremely useful.
Everything has its advantages and disadvantages. It is significant to understand the drawbacks of what you are going to do? If we talk about it from emotional viewpoint, couples may feel awkward when approaching the idea of a prenuptial agreement. It also creates a sense of distrust between the two people in love who are expecting to become one in future.
The legal proceedings will settle the legal problems, such as Child Custody, Child support, and other issues because you cannot expect these highly sensitive matters to resolve through a prenuptial agreement.
Here are some drawbacks of a prenuptial agreement:
Sense of Distrust
The harsh truth about prenuptial agreements is that this agreement is not romantic at all. A prenup is the best way to kill those love vibes by planning for a potential separation and divorce. Even though a wedding is a partnership with serious consequence, such as finance and property, talking about interests in property and finance may dampen this exciting period. Some couples feel that a prenup may contribute to the likelihood of separation or divorce.
Prenuptial agreements are not necessary for people residing in California, because it is a community property jurisdiction, the Judge will split equally all the assets you and your ex-spouse acquire from the date of marriage to the date of separation. If you do not want a 50/50 split of the marital assets than a prenup is necessary for you. You can also get a piece of advice from an experienced family law lawyer to educate yourself about the state’s law before getting married.
Similarly, prenup becomes useless in the matter of Child Custody, Child Support, as well as visitation. You cannot make these issues binding in a prenup.
Sometimes situations change and you just cannot predict your future circumstances. So, it is challenging to understand what sort of potential problems can be managed through a prenuptial agreement.
Basically, the primary purpose of drafting a prenuptial agreement is to favor both parties equally in the matter of finance and property as well as marital or separate debt division. It is necessary to hire an experienced lawyer to draft and revise the legal documents, and to determine if all the provisions are valid in the agreement before both signing it.
If you want to know that a prenup is good for you or not, then you can get a consultation from an attorney in San Diego by calling the Law Office of Doppelt and Forney, APLC today at 800-769-4748. You can attend our free 30-minute consultation with our knowledgeable divorce attorneys in San Diego.