What You Need To Know About Prenuptial Agreements

Discussing a prenup before getting married can be uncomfortable for many couples: it's hard to talk about how marriage might end before it even starts. However, divorce can get ugly. A prenuptial agreement can make clear what property was yours prior to marriage and what will remain yours if you get a divorce or separation. Furthermore, having a prenup can build trust and strengthen a relationship by providing assurances of future needs. Many couples who agree upon a prenup actually enter marriage better prepared for potential problems. 

Attorney Drummond T. McCunn can help you by drafting a prenup or reviewing one that has already been put together for you. We have been serving clients in the Granite Bay, CA, area since 2007 and feel a strong tie to the community. 

Bride and groom holding hands

The Benefits Of A Prenup

Even if you do not have significant assets, a prenup may benefit your marriage. Here are some things to consider:

  • If there is no prenup, your divorce will be handled according to state law. State statute will determine who gets what pieces of property and how other assets are divided. If these provisions are not favorable to you, you risk losing certain property.
  • A prenup can make provisions for how disputes are settled, such as by going to mediation or arbitration. This can save time and money, as well as help you avoid some of the emotional toll that going to divorce court can create.
  • Prenups are drafted to your specifications, within legal boundaries. This gives you more control over how things are handled if you get a divorce.

Some people decide to prepare a prenup because having a clear picture of the future helps build a strong foundation for the marriage. Ideally, discussing and settling these issues early on will leave little room for confusion, allowing couples to focus on what matters during their marriage or divorce.

Ideally, discussing and settling these issues early on will leave little room for confusion...

What to Include in a Prenuptial Agreement

Not every issue can be covered in a prenup, but some common items include:

  • Which pieces of property are owned by one party and which are owned by both
  • How property should be distributed in a divorce
  • Protections against your spouse's debt
  • Plans for passing on family heirlooms
  • How to provide for children from previous relationships

A valid prenup will not include any provision for child support or custody and cannot contain provisions that require an illegal act.

If you have concern over the content of your prenup, seek advice from a qualified attorney right away. Mr. McCunn has been an attorney since 1972 and knows what is expected in a normal prenup and what to look out for.

Is A Prenup Right For You?

The decision to enter into a prenup is a personal one and should be made with careful thought. Before you sign a prenuptial agreement, let a qualified attorney review it to be sure the terms are fair. The purpose of a prenup is to protect yourself during divorce and we can tell you if the language of your prenup is harmful or will give you the assurance you need.

Contact Us Today

If you have questions about prenuptial agreements, contact us online or call us at (916) 773-6100 today. With over 45 years as a practicing attorney, Mr. McCunn has the qualifications you need to get clear answers.

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