When you’re busy planning for your big day, one of the last things you want to think about is drafting a complicated legal document. However, it is very important to create a prenuptial agreement, or “premarital agreement,” with your fiancé or fiancée before you get married. Let the California family law attorneys at The Law Offices of Bamieh & De Smeth, PLC help you draft a comprehensive prenuptial agreement, so that you can focus on planning your wedding and starting your new life together.
Who Should Get a Prenuptial Agreement and Why?
Many couples resist the idea of signing a postnuptial or prenuptial agreement. You and your husband, wife, fiancé, or fiancée or may be among them. You may feel as though signing a prenup is unlucky or unromantic, or that agreeing to a prenup implies that your marriage will not endure the test of time.
While these feelings are understandable and quite common, they ultimately do you and your fiancé or fiancée a disservice by preventing you from creating a safety net for the future. The purpose of a post- or prenuptial agreement is not to constrain or overshadow your marriage, but simply to ensure that you and your fiancé, fiancée, or spouse are on the same legal page when it comes to critical matters such as property ownership, the preservation of inheritances, and the execution of wills.
While it is a possibility no one ever wants to consider, a prenuptial agreement will also give you and your spouse a clear mutual understanding of how to proceed in case of a medical or financial emergency, such as a house fire, a natural disaster, the bankruptcy or dissolution of a family-run business, or the death of either party. During a difficult time of mourning or crisis, the detail and clarity provided by a prenuptial agreement can lighten the emotional burden by making it easier to determine what steps must be taken.
Too many couples make the mistake of assuming they “aren’t wealthy enough” to need a prenup, or “don’t own enough property” to justify making a prenuptial agreement. While it’s true that prenuptial agreements are particularly important for couples with significant assets, they are useful documents for every couple, regardless of either spouse’s financial circumstances. Prenuptial agreements are especially recommended if:
- There is a large difference between your income and your fiancé or fiancée’s income.
- You have assets exceeding $50,000.
- You have financial obligations from a previous marriage, such as alimony payments or child support payments.
- You have an heir other than your partner.
- You have over a year’s worth of retirement benefits.
- You own a business.
- You own real estate.
- You provide financial support for a sick, disabled, or elderly family member.
