Why a Prenuptial Agreement Can Be a Smart Move Before Marriage
For some, the idea of premarital agreements, or “prenups”, may seem unromantic or unnecessary. However, if you’re entering a marriage with assets you’d like to protect, a premarital agreement can be incredibly valuable.
A premarital agreement, also known as a prenuptial agreement, is a legal contract between two individuals who plan to marry. It outlines how certain assets will be managed during the marriage and how they will be divided in the event of divorce. In many cases, it can also specify how property should be handled if one spouse passes away.
Contrary to outdated perceptions, prenups are no longer just for celebrities or the ultra-wealthy. Today, more couples are choosing to sign premarital agreements; and for good reason.
Why More Couples Are Choosing Prenups
Couples are marrying later in life, often after building careers, acquiring property, or investing in businesses. As a result, many bring significant separate assets into the relationship that they wish to safeguard. For example, you might own a business, hold investment accounts, or have a stake in real estate.
Under California family law, assets acquired before marriage are generally considered separate property. However, if those assets appreciate in value during the marriage, that increase may become community property, subject to division upon divorce. A prenup helps clarify ownership and avoid future disputes.
Second Marriages and Protecting Your Family’s Future
Prenuptial agreements are especially important in second or subsequent marriages. Statistics show that 75% of women and 80% of men remarry within five years of a divorce. In these cases, one or both spouses often bring substantial assets into the new marriage. A prenup can help protect those assets.
Additionally, if either partner has children from a previous marriage, a premarital agreement can ensure that certain assets are preserved for those children. It offers peace of mind and helps prevent potential conflicts down the road.
Talking About a Prenup Doesn’t Have to Be Difficult
Bringing up the idea of a prenup with your future spouse may feel awkward. But in our experience, when a premarital agreement is truly needed, most partners understand and respond positively. Many couples work together to create an agreement that feels fair and respectful to both sides.
The process can be smooth, especially with the guidance of an experienced San Diego prenup attorney who can help draft or review the agreement with care and clarity.
Schedule Your Free Consultation
If you’re considering a premarital agreement or need help reviewing an existing one, Braunstein Family Law is here to help. We offer a free 30-minute consultation at our Del Mar office and proudly serve clients across San Diego County.
Call today to schedule your consultation and protect your future with confidence.
