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How to React If Your Future Spouse Requests a California Premarital Agreement

Posted by Thomas Huguenor on January 9, 2015 in Marital Agreements

This is the next post in my series discussing how to know if a premarital agreement is the right decision for your pending marriage. My last post discussed how to bring up the topic of a marital contract with your future partner. In this post I will look at the other perspective by discussing how to react if your partner requests that you sign a premarital agreement.

Premarital contracts provide California couples with an excellent opportunity to discuss the handling of future finances

The first step is to take a deep breath and not overreact if your partner has recently asked you to sign a premarital agreement. When one partner is not expecting the other to bring up the subject of a prenup then the topic can often catch them off guard. Remember that premarital agreements are increasingly common in today’s society and this not a sign that your fiance believes your marriage will fail.

Use this opportunity to discuss any financial concerns or questions you may have once you have gotten over the initial surprise. A prenup is an excellent opportunity to discuss how finances will be handled during the marriage if you and your partner currently have separate bank accounts and do not share expenses. It is also important to listen to the reason why your partner is requesting a prenuptial agreement and for one to consider if they have any assets in their life that they would like protected. For instance, think about what financial protections you would like going into your marriage if your partner owns a business and wishes to keep that separate. Premarital contracts go both ways and should equally protect both individuals prior to a California wedding.

Consult with a San Diego family law attorney prior to signing a prenuptial agreement

In the movies you often see one spouse presenting the other with a large document and asking them to sign with little negotiation. That is not how things work in real life. The contract has to be both consciousable and understood by both partners in order to be upheld during a California divorce. If your spouse presents you with a premarital agreement draft then the first step is to retain an attorney immediately to review the document. It will also be important to ensure that your future spouse has disclosed all assets and debts; you will also be required to disclose your own list. Finally, it will be important to discuss with your attorney any concerns you may have or points you would like to discuss in the contract. Any assets you would like kept separate can be included. If there is a disagreement with regards to spousal support or the division of assets in the event of divorce then it is also best to bring this subject up with your attorney. An experienced San Diego family law lawyer can help put into perspective what is a fair and standard premarital contract, and what is not.

If your partner has asked for a premarital contract then do not panic. Contact our La Jolla office today and schedule a consultation to discuss your future.

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Posted in: Marital Agreements

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