Whether you just purchased a ring or your wedding date is rapidly approaching, this is an exciting time for many. However, among all the proposal preparation and wedding planning, you may not have considered establishing a prenuptial agreement with your spouse-to-be. The following blog explores what this document is and what prenuptial agreement conditions you should include. You’ll also discover how Los Angeles prenuptial agreement attorneys can assist you during this process to ensure your contract reflects your wishes.
What Is a Prenuptial Agreement?
A prenuptial agreement is a contract between two people who will be married that includes terms and conditions for a potential divorce. Generally, this discusses what will happen to their property and assets as a means of ensuring a divorce can go quickly, as they do not have to negotiate or wait for a judge to determine how they should divide their assets.
Unfortunately, many assume that a prenuptial agreement indicates a weak relationship, which is not the case. Many couples who sign these contracts have strong relationships as they can clearly communicate and find themselves on the same page regarding their financial goals for the future.
What Prenuptial Agreement Conditions Can I Include in My Contract?
Generally, you can include a number of terms and conditions in a prenup. These include how you will divide your marital assets, what will happen to your debts, and whether a spouse will receive alimony. Additionally, you can include additional stipulations to your relationship, such as business protection or what will happen to inherited property.
However, two elements are generally barred from prenuptial agreements – child custody and child support payments. This is because the circumstances of a marriage can change, impacting the child. For example, if one spouse agrees to pay $300 per month in child support in the prenup but receives an impressive promotion at work and can afford more, the courts believe the child should receive support based on the income of the parent at the time of the divorce.
Why Do I Need an Attorney for This Process?
If you and your soon-to-be spouse have determined a prenup is right for your relationship, it’s imperative to contact an attorney. Though you trust your partner, having an attorney to represent you ensures the agreement is fair and legally binding. The last thing you want is to create an agreement only to find that it is invalidated by the court due to the conditions in the contract.
When you are ready to establish a contract, the Zitser Family Law Group can help. Our dedicated team can walk you through this process to ensure the terms are fair and reflect your wishes. If you’re already married, it’s not too late. We can help you create a post-nuptial agreement as well. Contact us today to learn how we can assist you.
