How a Prenup Can Help in the Event of a Divorce
When you get married, you aren’t thinking of what can go wrong – nor should you. Getting married is supposed to be one of the happiest times of your life. However, despite the joy of the occasion, it is important to consider what could happen in the event of a split and how you can avoid bitter battles over property, assets, children, and other things that come as part of a marriage.
Although many couples think that prenuptial agreements are for rich and famous couples, they can be an important document for us all in the event of a divorce.
What Is a Prenuptial Agreement?
A prenuptial agreement is a binding contract made prior to your marriage. It allows the future spouses to dictate what will happen to certain assets if they divorce in the future.
Although they are binding agreements, they can be challenged in court. However, you can prevent problems with the prenup if you get it drafted properly and ensure that both you and your spouse agree on its terms and have consulted with legal counsel, particularly one who has experience in family law.
How Can a Prenuptial Agreement Help with a Potential Divorce?
Divorces are not always amicable. There may be fights over who gets the house, a business, or other assets that came into existence during the marriage. The prenup is a way of determining how certain things will be handled and distributed if the couple decides to divorce, and it can get some of the bitter legal battles out of the way as certain procedures will have already been set forth in the agreement.
Additionally, a prenuptial agreement is protection for both spouses. You do not need to have a lot of money or other assets to have one. A prenup may be helpful if you simply have your own business, children from a previous marriage, or something else that you may want to protect in the event that you and your future spouse get divorced.
Consult a Family Law Attorney
If you are getting married and are considering your future as well as your spouse’s, consulting with a family law attorney well-versed in marital law may be helpful. The professional legal team at Fischer & Van Thiel has years of experience handling marriage and divorce matters, including the drafting of pre-nuptial agreements.
We handle each client’s case with individual attention, and welcome our call to our San Diego area office at (858) 935-6211 to arrange a consultation.