The union of two people in body and spirit is the most rewarding thing a person can do in their life. It is extremely important that both parties are comfortable with the arrangement before the union is complete. A prenuptial agreement/marital agreement can be used to strengthen the relationship and assure everyone that they will be safe no matter what occurs.
What is a Prenuptial Agreement?
Findlaw.com defines a prenuptial agreement as ‘A common legal step taken before marriage. These agreements establish the property and financial rights in case of a divorce.’ A prenuptial agreement can strengthen a marriage because it gives both parties peace of mind.
What is Covered Under A Prenuptial Agreement?
Prenuptial agreements can protect real estate, death benefits (from life insurance), a will or trust, and other individual benefits that were in place before the marriage. They can also set guidelines for future alimony, in the case of divorce.
Conversely, under California law, the right to child to support can not be affected by a prenuptial agreement.
How Reliable Are These Agreements?
California courts, as with other states, respect and usually enforce reasonable agreements. A court may not enforce an agreement if it was signed under duress. Both parties must be given all pertinent information, and sign the agreement when they are of sound mind and body.
Prenuptial agreements often have positive effects on a marriage. They force both people to disclose things that they may have withheld under different circumstances. Premarital agreements are often complicated and misunderstood, contact us at the Law & Mediation Offices of Diane J.N. Morin to assist in your navigation of this exciting time of your life.