De Ita, Lowe & Wald, LLP

Phone: 650-918-4999

Getting married this summer? Why you should consider a prenup

If you are one of the many Californians planning a summer wedding, then you likely have a lot on your plate. You may be finalizing attire details, deciding on song choices and figuring out where you might steal off to on your honeymoon.

In the midst of all this wedding planning, it can be easy to forget that there is marriage after the wedding. And with this in mind, it may be prudent to add a prenuptial agreement to the list of details to discuss before the wedding.

What is a prenuptial agreement?

A prenuptial agreement is a legal document that identifies and protects the individual assets of each person entering the marriage. It is a contract that sets specific expectations and rules that can guide the legal process should the couple ultimately decide to divorce.

It is not an indication that parties do not have faith in the marriage, or that they expect it to end in a divorce.

Why would we need a prenuptial agreement?

Prenups can protect many things, including individual assets and property. However, people might also want one to shield them from taking on individual debts of their partner. Prenups can also address marital conduct and expectations and make allowances for things like spousal support. 

If you have separate assets or debts, specific wishes on marital roles or children from a previous marriage, you could benefit from having a prenup in place.

How should we go about preparing a prenup?

Once you make the decision to at least consider a prenuptial agreement, it can be wise to discuss the options and process with an attorney. Doing this allows you to ask questions and better understand the steps you can take to create (or negotiate) a solid agreement. An attorney can also help ensure that any agreement your put in place is valid and enforceable.

Talking about prenups may not be as romantic or fun as discussing wedding details, but it can be an incredibly important step in protecting yourself and your future as you enter the next chapter in your life.

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De Ita, Lowe & Wald, LLP

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Phone: 650-918-4999
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