Westover Law Group
Put A Fearless Legal Advocate On Your Side
Call Us For A Free Consultation:951-290-3268

Common misconceptions about prenuptial agreements

Many California couples have a number of misconceptions about prenuptial agreements. In some cases, this lack of understanding leads soon-to-be spouses to avoid the topic. However, debunking misconceptions may eliminate some of the negative feelings about prenups.

For example, a prenuptial agreement that includes provisions that a judge is likely to consider unreasonable, ranging from stipulations on child support to one spouse getting all the property after divorce, can result in its dismissal. Furthermore, each partner should have adequate legal counsel from an individual attorney before signing a prenup. A prenuptial agreement that does not meet these standards could look coerced or as though a person was pushed into signing something without fully understanding it.

Some people think prenuptial agreements are only for wealthy people. However, they can be used to protect all types of property, from a home to pets and more. They can also deal with how debt is divided. Furthermore, a prenuptial agreement can lay the groundwork for an estate plan. A prenuptial agreement does not increase the likelihood of divorce nor is it an inflexible document. A postnuptial agreement is also a possibility, but it may not cover assets acquired since the marriage.

It's important to understand that California is a community property state. After divorce, shared assets are supposed to be divided equally, and this includes all property accumulated since the marriage. However, couples who do not have a prenuptial agreement might still be able to negotiate an agreement to their satisfaction. For example, they might not want to split everything 50/50. Instead, each person may agree to take certain assets of equal value.

No Comments

Leave a comment
Comment Information
  • Avvo Rating 10.0 superb | Top Attorney Family Law
  • Avvo Clients' Choice 2013|  Family Law
  • OCBA | Orange Country Bar Associations
  • United States Court Of Appeals | Ninth Circuit
  • State Bar Of California
  • Federal Bar Association
  • AV Preeminent For Ethical Standards and Legal Ability 2014
  • AV Preeminent For Ethical Standards and Legal Ability 2018
  • State Bar Of California | California Board Of Legal Specialization
Email Us For A Response

Start Building Your Path To A Brighter Future

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

24640 Jefferson Ave Suite 204
Murrieta, CA 92562

Phone: 951-290-3268
Fax: 951-894-8441
Murrieta Law Office Map

Firm Location
Review Us