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What is a Prenuptial Agreement?

Simply put, a Prenuptial Agreement (also known as a Premarital Agreement) is a contract entered into by you and your future spouse; “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage”.

Normally, the contract deals with straight forward financial and legal issues in the event of a divorce or a death — what will be done with the house, investments, 401K, alimony and spousal support, or other such marital assets.

It might also include some extras like maintaining life insurance policies, funding of separate accounts, sunset provision terminating the prenuptial agreement, or even what happens to the family pet.

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Why a Prenuptial Agreement?
3 Good Reasons…
Reason 1
In California, a community property state, it is assumed by law that when you are married, half of all earnings, property accumulated during marriage, as well as appreciation of assets, belongs to your spouse upon divorce.
Reason 2
Some laws regarding rights to marital property or the marital home are dependent on many factors – even assets that were entirely yours coming into the marriage. This causes considerable uncertainty as to who will own what if a divorce occurs.
Reason 3
The amount of alimony and duration is also dependent on many factors – generally, alimony wouldlast for ½ the marriage term, or possibly longer, if married for over 10 years.

Key Benefits of a Prenuptial Agreement

  • Peace of Mind – California law is complex and may have unintended and surprising consequences add certainty to what your assets and obligations are
  • Protect Your Assets – secure what is important to you
  • Sound Decisions – make rational financial decisions at a time where life is good and judgment is clear and uncompromised
  • Flexible – personalize the prenuptial agreement to meet your needs
  • Emotional and Money Savings – save time, emotions, and sanity, and avoid costly legal battles and attorneys’ fees
  • Amendable – you are not locked into the terms of the Prenuptial Agreement, but rather can modify it with life changing events
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