The Increasing Use Of Prenuptial Agreements

Although many people find it difficult to approach a discussion of a prenuptial agreement or premarital agreement with a fiancé or significant other, this type of contract can be beneficial for both individuals,  

Our firm of experienced divorce attorneys in San Diego can provide you with the information you need on the advantages of a prenuptial agreement as well as advise you about the possible risks of enforcing such contracts if all of the statutory requirements are not met.

The Goals of a Prenuptial Agreement

For many potential spouses, the goal of a prenuptial agreement is to ensure that his or her assets remain that spouse’s property after marriage and upon a dissolution of the marriage if that becomes necessary.  The prenuptial agreement may also provide for the allocation of property that is acquired during marriage.  In addition, many potential spouses enter into a prenuptial agreement for the purpose of deciding whether a spouse will have to pay spousal support in the event of a divorce, and, if so, how much will be paid and for how long.  A prenuptial agreement can also be structured to limit the liability one spouse has for another spouse’s debts.

Setting Aside an Existing Prenuptial Agreement

Our firm can also advise parties who signed a prenuptial agreement prior to their marriage, but, now that the marriage is ending, have come to believe that the agreement is unfair and that they may have been taken advantage of during the process of drafting and signing the agreement.  These are difficult cases and require the representation of a very experienced attorney.