What To Include in Your Prenuptial Agreement
A prenuptial agreement in California is a legally binding contract that a couple executes before marriage. It allows couples to address specific issues regarding the debts and assets each person brings into the marriage, will manage throughout the marriage, or upon divorce.
Read on to learn how to protect your assets, or limit yourself from pre-marital/marital debts by signing a prenuptial agreement.
1. Include a Premarital Debt Clause
Every prenuptial agreement should contain a premarital debt clause. This clause should discuss how premarital debts will be managed throughout the marriage. For instance, you should specify who will be responsible for paying premarital debts, the projected payoff date, and precautions for what will happen if the debt is not paid in full by the date specified.
Most couples tend to divorce due to financial hardships. Make sure you go into marriage with a rock solid financial plan. This will provide you with clear instructions on how your financial matters will be handled.
2. Property Inheritance
A prenuptial agreement should also discuss how inherited property during the marriage will be distributed if a divorce occurs. No couple wants to think about divorce when getting married. However, you do not want your inherited property going to a spouse who you divorce. Use the prenuptial agreement to establish that the inherited property will remain with you if a divorce occurs.
3. Dividing Debt Upon Divorce
A prenuptial agreement allows you to specify how your property will be divided upon divorce. Typically, without a prenup, state law will determine who gets what upon divorce. Make sure your prenup includes a clause that establishes your own rules for property division to avoid potential disagreements in the event of a divorce.
4. Spousal Support & Alimony
Most states allow you to include spousal support and alimony clauses in your premarital agreement. However, some states forbid or restrict agreements about alimony and/or spousal support. Make sure you outline an amount for spousal support in your prenuptial agreement. You should include a provision detailing alimony or spousal support comparable to your living situation and lifestyle.
If you would like to speak to a family law attorney about prenuptial agreements in more detail, please feel free to contact the Los Angeles Divorce Lawyers at The Law Office of Atousa Saei by dialing (310) 855-3386.