For many, prenuptial agreements continue to hold a certain level of taboo or stigma to them. This isn’t all that surprising, especially because most soon-to-be-wed couples are focused on the romantic and happy aspects of marriage. Nonetheless, we at R & S Law Group have seen the importance of prenuptial agreements time and time again, and have decided to focus this discussion on going over common prenup myths.
As always, be sure to remember that the information here is general in nature and there is no one-size-fits-all solution when it comes to individual marriages. If you and your partner are looking for customized legal advice, don’t hesitate to contact the knowledgeable family law attorneys at R & S Law Group, LLP. For now, here’s the top three myths about prenuptial agreements that you should remain skeptical about.
Prenups are for Marriages that are Destined to Fail
This is the most pervasive myth about prenups, and admittedly the act of drafting and signing a prenup might not be the most romantic idea ever. However, experts have demonstrated that marriages where partners are honest, upfront, and organized are less likely to fail. There is no evidence to suggest that couples who sign a prenup have higher divorce rates, and both partners’ willingness to get this discussion out in the open and act on it is actually a sign of a good relationship, even if it might sound counterintuitive to some.
Prenups are only for Rich or Famous People
People assume that prenups are for people with enormous amounts of assets or wealth, or for celebrities (it certainly doesn’t help that tabloids love digging into this topic). However, prenups are primarily about preventing future conflicts, and not just over marital assets. When drafting a prenup, couples can choose to add stipulations on other matters such as debts, asset division amongst each other/the children, and even future alimony payments or arrangements.
You Can Always Get a Postnuptial Agreement Later
While a prenup and a postnuptial agreement function nearly identically, there’s a few differences that you should be cognizant of. One key difference is that prenups are automatically in place as soon as the couple signs the contract and weds, whereas postnuptial agreements must go through the legal ringer and be approved by the courts before they are legally valid. When it comes to these types of agreements, timing is everything. This is why we recommend that you sign a prenup ahead of time, or a postnup immediately as soon as you can.
Schedule an Appointment with a Seasoned CA Family Law Attorney
Hopefully this post helped provide some insight and busted some myths on how prenuptial agreements work in CA. If you want to learn more, and to contact us at the R & S Law Group, LLP, remember that you can always reach out to us at (949) 825-5245.
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