The decision to enter into a prenuptial agreement is not one to be taken lightly. Your decision should be based on a careful consideration of the advantages and disadvantages of this type of agreement. A family law attorney like those at Men’s Legal Center in San Diego can help you understand what a prenup can for you and what it cannot.
What Are The Benefits of a Prenuptial Agreement?
Prenuptial agreements offer many benefits for both spouses, including:
- Documenting and protecting separate property. The prenup not only designates which property belongs to which spouse upon entering a marriage; it can also be used to protect that property in the event of a divorce. A prenup distinguishes between community property and individual property so that you can shelter certain property from divorce proceedings.
- Assigning debt. A prenuptial agreement allows both spouses to agree as to who will be responsible for the various debts. This is a good way to keep one spouse from having to take on the previous spouse’s debt in the event of divorce.
- Supporting your estate planning efforts. Estate planning is just as important as planning for a possible divorce, and a prenup can help protect your property for your heirs.
Disadvantages of a Prenuptial Agreement
There are some disadvantages to prenuptial agreements as well. The downsides include:
- Discussion of prenuptial issues can be emotional. Discussion of a prenup is very important, but it can be difficult. Some spouses simply cannot handle this type of discussion, so it is important that you approach the topic carefully.
- State laws can make prenups invalid. It is extremely important to see legal representation when creating a prenup to ensure that you comply with state law. You should also understand that if you move and seek a divorce in another state, you could find that your prenup does not comply with that state’s laws, creating legal issues.
- Prenups cannot control child support or custody. Many people want to dictate the custody and control over their children through a prenup, but this must be decided by a judge at the time of divorce.
- A prenup cannot dictate personal preferences. There are things a prenup simply cannot cover as they would be unenforceable, such as dictating a certain religious observance for a household. In general, prenups cover only financial issues.
For more information on prenups and how they can benefit you, contact the attorneys at Men’s Legal Center in San Diego.