Disparate assets: If one party is coming into the marriage with a home and an investment account, the agreement can spell out whether those assets will be kept separate or how they’d be taken into account in the event of a split.
Disparate debts: Although young couples may have fewer assets to split,they may often have debts. If one party has significant obligations, the prenuptial agreement can keep the debts separate too.
Vastly disparate income: While earning more or less than your spouse generally isn’t an issue while you’re married, due to a presumption that both people share and give alike. But in the event of a split, a prenuptial agreement can set a limit — either a minimum or a maximum — on the amount the higher-wage earner pays or the lower-wage earner would get.
Second marriages: Prenuptial agreements can also dictate who pays which expenses for children from previous marriages. They also can outline how both partners’ assets will be split at death (as well as in a divorce).
Business ownership: If one or both parties have a small business, a prenuptial agreement is warranted. It protects the business’ assets and protects the non-owner spouse from potential business liabilities.
Inheritances: If you know you are going to come into some money or other inheritance assets, it is encouraged to be prepared to prevent the assets from being commingled with the marital assets to keep his or her ownership intact. Under California law,inherited property is seperate property however, depending on how its managed or commingled with marital assets,it can become community property. A prenuptial agreement can spell out how you maintain your separate interest in what you acquire and bring peace of mind to a family concerned about leaving an inheritance to an heir. The prenup can provide assurance the property will stay in the family.
We take pride in efficiently representing clients throughout California who wish to enter into prenuptial and postnuptial agreements. The entire process can be handled over the phone. If you would like to speak with one of our attorneys, please fill out our potential client intake questionnaire or contact us at (949) 478-4401.
Initial telephone consultations are free of charge.