How a Prenuptial Agreement Can Be a Smart Move If Divorce Should Arise 

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With all the positive emotions leading up to Marriage or a Domestic Partnership, the notion of a Prenuptial Agreement can be an incredibly delicate and uncomfortable topic to discuss. After all, no one wants to think about something with such a negative connotation as divorce at what is supposed to be one of the happiest moments in life. However, a Prenuptial Agreement can be a smart, practical move intended to provide a guide and road map in the event a marriage does not work out, regardless of the reason. It’s important to identify:

  • Property brought into the marriage/domestic partnership
  • How income and assets acquired during the marriage/domestic partnership will be characterized
  • Potential spousal support obligations at the time of a divorce
Prenuptial Agreement

A Prenuptial Agreement protects each spouse’s financial assets and property in the event of a Legal Separation or Divorce. Prenuptial Agreements assure that the division of property is predetermined in order to avoid ligation between the spouses. To make a Prenuptial Agreement, it is important to meet with an experienced attorney who will sit down with you and walk you through the drafting process, asking questions about:

  • You and your partner’s liabilities, property, and assets
  • Important issues regarding your finances and the marriage
  • Your goals for the future

It’s also important that you and your partner are open and honest in your prenuptial discussions. After considering the details of your specific situation, your attorney will then draft an agreement that will suit both your needs, which is subject to your final review. Prenuptial Agreements provide the opportunity to:

  • Confront sensitive financial matters
  • Protect your personal and business assets prior to marriage
  • Eliminate battles over finances and assets during divorce
  • Preserve family ties and inheritance
  • Outline financial expectations prior to marriage

Before deciding whether to implement a Prenuptial Agreement, I urge you to speak with your partner to determine if the agreement would be right for both of you. After you reach a decision, it is imperative that you contact a lawyer with experience in prenuptial agreements.

The Law Office of Rebecca M. Medina will work closely with you to understand your circumstances, to explain your options, and to collect and examine essential information to ensure that a prenuptial agreement is reflective of both parties’ wishes. My team and I will guide you through the process and work to help you achieve your objectives. We have a wealth of experience for competently and thoroughly addressing complex financial issues including business and corporate interests, pensions and retirement plans, stock portfolios, and real property. We offer knowledgeable and thorough advice to clients who wish to negotiate a Premarital Agreement. Our expertise in these complex financial matters ensures that we will diligently verify both parties’ assets and debts and draft agreements that best protect our clients’ rights and interests. ​​For answers to your questions about prenuptial agreements, contact us at The Law Office of Rebecca Medina to schedule a consultation.

Rebecca MedinaAbout the Author: Rebecca Medina

Rebecca Medina is an experienced Family Law attorney, mediator and Collaborative Divorce Lawyer serving the Fresno and San Diego areas. She handles cases ranging from complex divorce matters to child custody, spousal support, prenuptial/postnuptial agreements, QDROs and uncontested divorce cases. She was rated “Clients’ Choice” by Avvo.

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