Prenuptial Agreements - Do's and Dont's
Unless your a lawyer, you probably don't really know much about prenuptial agreements. For example, did you know that prenuptial agreements that "promote divorce" are unenforceable? Or that you can't put anything in your prenup about religion, child custody, and damages for cheating? Before you try to take a wack at filing your own prenup, learn what you can and can't do.
It can be tough to get over the biases of asking your wife/husband to sign a prenup. A lot of people wonder how they can ask their partner to sign a prenup without insulting them. Filing a prenup is like a car or life insurance policy. You never expect to be in a sudden or accidential death but most people still get a life insurance policy. Over 50% of married couples end up getting divorced, when the chances are one out of two, its crazy not to have a prenup. Although a prenup may not protect you from all your problems that come from divorce, if properly drafted, it will definately limit them.
Another question a lot of people ask is whats the point of a prenuptial agreement? The answer is protection of property, providing or not providing alimony, and the preservation of seperate property and debt. In this day in age this can be extremely important, without a backup plan or prenup, a divorce and completely ruin you financially.
Finally, a lot of people want to know exactly what can and can not be put into a prenup. If you'd like to learn more about the law surrounding prenups you can read Family Code sections 1600 et seq., also known as the Uniform Premarital Agreement Act. There you can find more specifically what exactly you can and can't put into a prenuptial agreement.
Filing a prenup can be stressful, but it's worth it when its over. The protection it offers you in case of divorce will prevent your bank account and property from being devastated.
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