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Questions to Ask Before Signing a Prenup

Questions before signing a Prenup

Before you sign any prenuptial agreement, there are certain questions you should ask.  These questions can help you determine if the prenup is drafted to protect you or if it may hurt you in the event of divorce.  Of course, taking the advice of an experienced family law attorney is the best way to evaluate a prenuptial agreement.  The attorneys at Men’s Legal Center in San Diego can help you craft the right prenup for your particular needs.

Questions To Ask About Your Prenup

Before you sign any prenuptial agreement, be sure to ask the following questions:

  • How are premarital assets handled in the event of divorce?  If you have assets you want to protect, such as a family home, your prenup should reflect this.  In addition, property should be listed in detail whenever possible, not just referred to as “premarital property.”
  • How are debts incurred during the marriage handled in the event of a divorce?  Be sure that you receive protection from debts that your spouse incurs without your consent or knowledge.
  • Will your separate property become comingled with marital property? Different states use different standards for what is considered marital or community property and what is considered individual.  Be sure you understand the circumstance under which premarital property may become community property.  Be sure you understand how the agreement will apply if you use premarital assets to pay for assets acquired during the marriage.
  • How will previous obligations such as child support from another marriage be handled?  If your spouse owes money particularly debts that cannot be discharged by bankruptcy or that could become your financial obligation, it is important to determine how the debts will be paid in the event of divorce.
  • What will happen if you or your spouse loses a job?  Be sure you understand what will happen, according to the terms of the agreement, if your financial situation changes dramatically.

You should also be aware that you cannot dictate certain things through a prenuptial agreement such as the amount of child support or alimony that you or your spouse will be required to pay if you divorce or who will have custody of your children.

If you have questions about a prenuptial agreement, contact the attorneys at Men’s Legal Center in San Diego for help.  These lawyers have years of experience in writing prenuptial agreements and can help you determine the best way to protect yourself and your assets.