Prenuptial Agreements

Certified Specialist - Family Law

Newport Beach Prenuptial Agreement Attorneys

Protect Your Spouse & Yourself Prior to Marriage

Where prenuptial agreements of the past were pretty much reserved for the very wealthy, prenuptial agreements are no longer just for movie stars and business tycoons! It is a well-recognized fact, that to have a legal agreement between the two parties who intend to marry is a very sane and logical thing to do.

Some people still don't understand the intent of such a document and some individuals have confessed they feel a bit superstitious about it - (saying that, by having such an agreement seems it seem to imply that one or the other or both of the parties about to marry feel that it might not last). In the main, nothing could be further from the truth. In fact, having such an agreement can be beneficial to the union in a number of ways. A Newport Beach family law attorney can help you draft a prenuptial agreement that is beneficial to both you and your future spouse.

What to Put in a Prenup Agreement

Contrary to popular belief, prenuptial agreements are not meant to cover every single aspect surrounding the conditions of a couple's marriage and possible future divorce. Among the most common details of a prenuptial agreement are the following:

  • Division of debts that were acquired prior to marriage
  • Division of property upon divorce or death
  • Financial responsibility of each spouse during the marriage
  • How future disputes about the prenup will be resolved, i.e. mediation vs. arbitration

Typically, the above list reflects what is most often included in the terms and conditions of a prenuptial agreement. That is not to say, however, that other agreements are completely forbidden. There are limitations to these agreements, and they are as follows:

  • How a couple's future children will be raised; i.e. religion, schooling, etc.
  • Who will get custody of the children
  • How visitation and child support will be established in a divorce
  • Any illegal, unconscionable or divorce-induced acts

Benefits of a Prenup

First, let us put aside another misconception -"Prenuptials are all about the money". Prenuptials can be about the money and that is one of the benefits - to have in writing what would be the agreement, should the marriage be dissolved. Isn't it better to sit down amicably, when the two individuals are in love, to figure out what would be a fair and just, in property division and spousal support, for instance? It would seem a much better option, than waiting for the bitterness, hurt and anger to appear - as they approach divorce!

The other major benefit may be that by putting together the prenuptial agreement it can solidify the hopes and wishes of both or the parties toward the other. There can be much more in the agreement than just the financial aspect. The facts of how and where the couple will live, what type of lifestyle will be desired, any religious or educational goals for future children, these and more items can be put into the agreement. A prenuptial is an opportunity for each of the parties to state what is wanted and needed from each by each. How much better to have one's individual and collective goals set out before you both - prior to diving into a marriage?

To put together a comprehensive and legal prenuptial document, the advice and assistance of an experienced prenuptial attorney can be most beneficial. Attorney Marc E. Mitzner has helped numbers of clients to shape their personal prenuptial agreements. If you or your fiancé are considering the benefits of a prenuptial agreement, call an Newport Beach family lawyer today for your free consultation.

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