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Prenuptial agreements are growing in popularity

Prenuptial agreements have become more popular in recent years, and this is especially true in states with strict community property laws like California. These laws require judges to divide marital estates equally even if doing so would result in an outcome that could be viewed as unfair, but couples who draft these agreements are able to decide for themselves how their property will be divided should they divorce.

In some cases, couples may be urged to enter into prenuptial agreemets by others. Entrepreneurs who marry without first signing a prenuptial agreement may find it difficult to secure financial backing. This is because venture capitalists and prospective investors may shy away from an opportunity when half of the commercial venture in question could change hands in a divorce. Prenuptial agreements are also common in blended families as children often suggest them to protect family homes or inheritances.

Peace of mind is the primary benefit of entering into a prenuptial agreement. These documents are sometimes referred to as marriage insurance policies as they let spouses know exactly where they stand and what they would receive in a divorce. They also allow couples to discuss sensitive matters in a less adversarial environment. While prenuptial agreements can address issues like spousal support and asset division, they can not contain provisions dealing with child custody or support.

A mistake that many couples make with prenuptial agreements is assuming that matters are settled once the documents have been signed. These agreements are often challenged in court, and judges could be reluctant to enforce them if their provisions are not basically fair.

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Law Offices of Catherine A. Schwartz
6877 Magnolia Avenue
Riverside, CA 92506

Phone: 951-335-0510
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