Prenuptial agreements tend to be perceived negatively, as if creating one means that the marriage is bound to fail. However, these documents are a sensible and simple way to plan for the future. A prenuptial agreement may not seem romantic, but it is a prudent precaution. We suggest hiring a Temecula prenuptial agreement lawyer to help you create this contract.
At Camarata & Fuller, LLP, we are available 24/7. Our attorneys have more than 40 years of combined experience and are prepared to help you draft a comprehensive and cohesive prenuptial agreement.
Do You Really Need a Prenuptial Agreement?
Friends and family may tell you that a prenuptial agreement is unnecessary. You may also be concerned about how your fiancé will react to this suggestion. However, this contract only protects you and provides peace of mind. In the event of a divorce without a prenuptial agreement, your property will be distributed according to the California Family Code and Probate Code.
Creating this document initiates essential conversations with your future spouse regarding money, property, and other important topics. You will need to negotiate together to create an agreement that satisfies both partners. A prenuptial agreement is invalid without both spouses’ consent.
What to Include in a Prenuptial Agreement
According to a law passed in 1986, all prenuptial contracts in California must adhere to the Uniform Premarital Agreement Act (UPAA). A Temecula prenuptial agreement lawyer can help you craft your document according to these regulations.
A typical prenuptial agreement includes:
- Guidelines for the division of property
- Guidelines for the division of debts
- Guidelines for the division of a family business
- Provisions about spousal support/alimony
- Exemptions to community property division
A prenuptial contract cannot list suggestions for child support or child custody. The courts will want to take the child’s best interests into account, so these matters need to be settled at the time of the separation.
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