Prenuptial agreements are very important tools that engaged couples can use to ensure their rights and assets remain protected if they end up getting a divorce. In one of our posts last week, we discussed some of the reasons why people enter into prenuptial agreements. No matter what the reason for needing a prenuptial agreement, we can help you draft one and learn about the legal guidelines for getting the agreement signed.
We know that prenuptial agreements are sensitive matters for all couples. It is important to realize that prenuptial agreements won't necessarily pull you and your betrothed apart. Instead, a good prenuptial agreement can help to strengthen your marriage since it lets you and your partner control various aspects of your marriage.
When a prenuptial agreement is the subject of a discussion prior to your marriage, it is important for you to know certain points. In California, there are certain criteria that a prenuptial agreement must meet in order to be considered valid. They can't be signed at the last minute, so planning ahead is vital. You and your partner must each have an attorney. All pertinent information must be disclosed completely prior to the signing of the agreement.
In California, prenuptial agreements can override a party's legal rights. This means that you can't necessarily count on the principles of community property law if you have a prenuptial agreement.
It is important that you understand your rights and how a prenuptial agreement can affect you. Make sure you get answers to your questions before you sign any prenuptial agreement so that you fully understand the ramifications of what you are signing.