The principal reason couples have a prenuptial agreement, commonly called a “prenup,” and is to decide how assets and money will be divided when and if the marriage ends. How do you know if having a prenup is right for you? Having such “insurance” may be a positive thing. Rather than the court and divorce attorneys deciding who gets what, you and your spouse would be proactive in deciding in advance how finances, property, and any other assets would be distributed.
If one spouse earns a lot more money that the other, or was much wealthier than the other prior to the marriage, a prenup might be a good idea. If this is a second or third marriage, often your financial situation has changed from when you married for the first time. Assets such as real estate or other property may have accumulated over the years. You may have children. Having a prenuptial agreement will allow for these assets to be distributed as you desire if you die or become divorced. Sometimes one partner ends up with more debt than the other. A prenup is a way of ensuring that one partner is not held responsible for the debt of the former spouse.
To ensure that the prenuptial document is written with the best interests of both parties, and is legally enforceable, it is crucial that each spouse has their own separate counsel. Both parties should work together and decide what provisions they want to put in the prenup, and then disclose this information to their respective lawyers. Both attorneys will then collaborate to write prenuptial agreement.
When choosing an attorney to represent you, it is important to look for a Rancho Bernardo and Poway attorney who understands matrimonial law and has written many prenuptial agreements. I am Gordon G. Meyer, a skilled California divorce lawyer representing North Sand Diego county. I have 43 years of experience and can help create and negotiate an agreement that you and your spouse feel good about and that serves both of your best interests.
Please contact us to help you decide if having a prenup is right for you.
Contact the office of Gordon G. Meyer, a Certified Family Law Specialist.
Call 619-855-4070 for an appointment today.
Serving the communities of Poway, Rancho Penasquitos, Rancho Bernardo, 4S Ranch, Escondido and North San Diego county.