Do I Need A Prenup?
SAN DIEGO DIVORCE LAWYERS
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Do I Need A Prenup?

Should I Get a Prenup?

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.

Call us at (619) 234-3838