Prenuptial Agreements

Certified Family Law Specialist & Expert Mediator

Benjamin Franklin once said: “I always prepare for the worst, so in case the best happens I am delightfully surprised.”

Sound advice. In an age when up to 50% of all marriages end in divorce, adults with their own assets often seek the protection of a prenuptial agreement to prepare for all eventualities.

Prenuptial agreements are enforceable contracts that define the rights and responsibilities of the spouses during the marriage or in case of death, separation or divorce.

Although they may seem un-romantic, prenups can protect the spousal partners in the long run. Items covered in a prenuptial agreement may include:

• Protection of significant wealth acquired previous to or during the marriage
• Safeguarding one partner from debts incurred by the other
• Agreements as to the raising of children
• Ownership of property
• Payment of potential spousal support
• Predetermination of spousal inheritance rights

As in any contract, it is important to understand your rights before signing. A prenuptial agreement can supercede California family law, and both parties need to fully understand the implications of their agreement.