The family law office of Moore Law for Children understands the importance of protecting one’s assets before entering into marriage. While we realize that prenuptial agreements are not for every couple, they certainly do have their benefits and are something you may want to consider in your own relationship.

If your marriage does, unfortunately, end in divorce, you will be glad you had the forethought to address certain issues before you married. With a prenuptial agreement, both parties can start their marriage without worrying about their assets and finances in the event of a divorce. This type of planning shows maturity and financial responsibility, as well as trust in your future spouse to plan.

The Benefits of a Prenuptial Agreement

It is an unfortunate reality that over 50% of marriages in the United States end in divorce. That statistic rises to 72% in Orange County, California. When you have a prenuptial agreement, it helps protect you and your assets from an unknown future as the prenuptial agreement can allow you and your future spouse to disclose the extent of your separate property assets and make decisions regarding how you would like those assets and other handled. Like with most circumstances in life, it is better to take a proactive approach than to be left unprepared. A prenuptial agreement can help you in a host of different situations including:

• Spousal support
• Real estate
• The appreciation of separate assets
• Helping you understand California law regarding community property presumptions and how best to ensure your rights and separate property is best protected in the event of a divorce.

How do I ensure a prenuptial agreement is valid?

There are requirements that a prenuptial agreement must satisfy in order to be valid and enforceable. While couples can make decisions about current or future children they may have together, this does not preclude a Court from making orders which differ from the agreements made within the prenuptial agreement. The Court must always consider the best interests of the child at the time the matter is before it. Your decisions within a prenuptial agreement may not fit those at the time of divorce. Likewise, while you can have a waiver of spousal support, you cannot waive child support for current or future children.

The validity of prenuptial agreements is often brought forth. If you are entering into a prenuptial agreement, you must ensure you have met all procedural requirements such as notarizing and timelines for review and signing of the prenuptial agreement. You will also want to ensure the terms within your prenuptial agreement are not something against public policy. If you would like to discuss these and your options, the attorneys at Moore Law for Children are able to assist in ensuring your rights are protected within a prenuptial agreement.

Can I Obtain a Prenuptial Agreement if I am Already Married?

We often hear from couples asking about their options if they have failed to execute a prenuptial agreement. If both parties are willing, they may draft a postnuptial agreement that addresses the same topics as stated above.