Need a Prenup? An Affordable Solution in Pasadena

If you are engaged to be married, chances are that you are spending a lot of time planning what to wear, who to invite, where to have the ceremony, and all of the details. Have you started planning for after the wedding? A prenuptial agreement, commonly called a prenup, lays out the guidelines should the couple separate or divorce later.

A common concern is that talking to your fiancé about a prenup might communicate uncertainty or doubt about the success of the marriage. However, nothing can be further from the truth. A prenup is similar to insurance: it’s not that we expect a disaster, but that all bases are covered. Sitting down with your partner and making such a plan demonstrates respect and a commitment to your collaborative future together.

What a Prenup Covers

When we hear the term “prenup,” we may think immediately of only financial issues. This is not the only factor that can be addressed in such an agreement; depending on what is important to you and your spouse, a prenuptial agreement can lay out a plan for what you will do with regard to a number of issues, should you later separate or divorce. Some examples include:

• Children from previous marriages. If you or your spouse-to-be have children from a previous relationship, it is fairly common to use a prenup to spell out how these children will be cared for and how your assets will be divided in the case of death.
• Debt Protection. Aside from determining how you will divide your property, a prenup can also be used to protect yourself and your partner from debts that were incurred by the other party.
• Keeping property on one side of the family. If you have a family heirloom or item that bears special significance and has passed on through your family, it is understandable that you may want to ensure that it stays within your family of origin in the event of your death, rather than going to your partner’s family (as would likely happen in the absence of children). A prenuptial agreement gives you a chance to specify the distribution of these items.
• Spousal Support. The laws governing what provisions can be made for spousal support in prenuptial agreements must be measured against state law to ensure that the agreement is safer if contested in a divorce.

Limitations of Prenuptial Agreements

While a prenup can be implemented to address many issues that are important to couples planning to marry, matters regarding child support, custody, and visitation cannot be determined these agreements. Rather, these issues will have to be addressed in court, and will be decided based upon what the court believes will be in the best interests of the child. No one can tell you what issues are most important to you and your future spouse, and it is critical that you speak to an attorney regarding your specific concerns, and get answers you can trust. With 30 years of legal experience, Richard S. Jacinto is proud to serve individuals and couples in the Pasadena area. Call our office to learn more about what we can do for you.