Couples may want to sign premarital agreements before their weddings that detail how they will divide any property in case of divorce. Some might even want to consider a cohabitation agreement, which can set out expectations if a couple is moving in together instead of marrying. However, it is important that both parties participate in the creation of these agreements and that they are happy with the division of property specified.
California's community property laws require marital property to be divided equally even when divorcing spouses have only been married briefly, which is one of the reasons why premarital agreements are common in the Golden State. Prenuptial agreements allow couples to make their own decisions about how their assets will be divided should they choose to divorce, and the agreements may also include provisions that address other potentially contentious issues like spousal support.
Aside from the social element of marriage and the creation of a household, the institution is largely financial. As soon as the marriage partnership is final, the partners become subject to standard contract rules that govern the division of property, care for children and other important economic concerns.
Dating or engaged couples in California who are wondering if a prenuptial agreement might help them should get the facts about what can make a marital contract most beneficial to them. They should also learn about what might make a prenup invalid so they can avoid this type of pitfall.
The infatuation and passion you feel during your engagement in San Francisco may make considering the possibility of divorce the last thing you want to think about. For this reason, you (like many others) likely give little thought to entering into a premarital agreement with your spouse. Yet many will often come to us here at the Ruben Law Firm regretting this decision. If you also come to share the same regret, you will be happy to know that you may still have the chance to enter into a similar agreement with your spouse.
Just a few decades ago, most people in California may have thought that a premarital agreement was only something that celebrities or other people with extensive wealth needed to have. Today, however, more couples who might consider themselves "everyday" people are finding that these contracts can indeed be useful to them.
Many people in California who get married these days have been married before. Whether their first marriage ended via divorce or the death of the other spouse, they may want to take extra care before walking down the aisle a second time, especially if they have children from their first marriage. Many complexities can arise when blending families and one of these includes how a person's estate is split up after they die. Perhaps surprising to some is that a premarital contract may be highly useful in identifying this.
The wedding date is on the calendar, the ceremony plans are well underway and the excitement has fully settled in. At this stage, most California couples would likely ask, what could go wrong? Needless to say, it be difficult to contain one's elated feelings during such big life changes, but there are often details of the marriage process that get left behind. The below information explains the steps of a premarital agreement, as well as the importance of completing these documents.
Divorce is at an all-time high in the United States, and couples are increasingly choosing to tie the knot later on in life—after they’ve accumulated property of some value. With these trends in mind, many couples are treating their nuptials more like a business partnership—with a practical understanding that the relationship may not last forever.