Temecula Prenuptial Agreements Lawyer
The team of experienced Temecula prenuptial attorneys at Wilkinson & Finkbeiner provides clients with legal services in regard to prenuptial and postnuptial agreements. We can create drafts of these documents and/or offer advice pertaining to the situations in which these documents would be beneficial.
Prenuptial Agreements in Temecula
A prenuptial agreement is simply a legal document that outlines how assets will be distributed and divided in the event of divorce, legal separation, or death. Signed prior to marriage, this contract is one of the primary deciding factors in divorce cases and is designed to protect each individual.
Who Needs a Prenuptial Agreement?
While there is no clearly defined answer, people meeting the following criteria are generally encouraged to consider a prenuptial agreement as a form of protection:
- People who already have major assets when entering a marriage.
- Individuals who are set to receive a significant inheritance in the near future.
- People who are unsure about their future spouse’s motives and intentions.
- People who have children from a previous marriage.
- Professionals who are set to enter a new career field that may be particularly lucrative.
- Individuals who own their own business (or are a partner in one).
- Couples with a great disparity in assets/worth entering a marriage.
- An individual whose spouse has considerable pre-marriage debt.
Benefits of Riverside Prenuptial Agreements
A prenuptial agreement is beneficial for a number of reasons, which heavily depend on financial status entering the marriage. Some of the major advantages include:
- Protection of property. For couples who enter marriage with their own property – personal or real – a prenuptial agreement is a responsible way to protect assets from future loss or division.
- Protection of finances. Financial assets like retirement plans, Social Security benefits, stocks, bonds, and other investments are vulnerable during a divorce settlement. However, with a prenuptial agreement, each spouse can protect assets he or she already possesses when entering a new marriage.
- Less conflict. For couples with a history of conflict, a prenuptial agreement can help settle arguments before they arise. Each individual is able to assert their preferences and doesn’t have to worry about recklessness from the other party.
- Saves money. If a divorce occurs in the future, it can be expensive and financially draining. A prenuptial agreement reduces future expenses and saves time.
Discussing a Prenuptial Agreement
Broaching the topic of prenuptial agreements can be intimidating and challenging prior to marriage, but is sometimes necessary. When bringing up the idea of signing a prenuptial agreement with your future spouse, do so with compassion and understanding. Present your significant other with clear reasoning and explain the mutual benefits of such a contract.
When signing a prenuptial agreement, state law requires that each party use a separate attorney. This ensures that each individual’s best interests are looked after and increases the likelihood that the agreement will standup in the court of law in the event that a divorce does indeed occur.
Wilkinson & Finkbeiner
Unfortunately, our firm no longer drafts or reviews premarital or post-marital agreements, except in very limited circumstances.