Prenups and postnups are not for all couples (and not all divorce lawyers have one!), but for example, if you want to protect assets that you have or could inherit, or assets accumulated before marriage, then they are a useful tool. While they are not automatically binding, if properly worded and fair, they can help ensure security in a highly discretionary system. If your future spouse refuses to sign a prenup, the one who does not want it can also decide to cancel the engagement. It is of the utmost importance that you and your future spouse be on the same side in these matters if it is important to you. Many people find that talking to a lawyer is a great way to learn more about the marriage contract process and what it might mean for your marriage. However, if you don`t have a prenup, the fate of your property in the event of divorce is usually in two figurative hands: your state and your court. On the other hand, if you don`t have separate assets or significant matrimonial assets, a prenup may not be as effective. If you don`t get a divorce, the fact that you didn`t have a prenup doesn`t matter. For advice on marriage contracts, contact one of Kearney Baker`s family law lawyers today at 626-768-2945.
Postnups, in particular, can also be used to limit the problems couples may have during their marriage; allowing them to make financial arrangements in the event of divorce and then work on marital problems without money worries getting in the way. Marriage contracts modify the standard rules established by the legislature and the jurisprudence of the State. If you don`t like the default rules, you can change at least some of them. However, if you decide not to sign a prenup and eventually get a divorce, you may not be able to protect some assets. It is likely that your marital property and property will simply be divided between you and your ex 50/50 in accordance with California community property laws. This could even include family inheritances and businesses, depending on what happens during the marriage. Someone may not want to sign a prenup if they have far fewer assets than the other spouse. You may not want to lose the ability to try to earn some of that wealth or assets in the event of a divorce. By signing a prenup, a party that does not function would then have little or no earning potential while deregistering its rights to potential matrimonial property. Others see it more personally and are offended, believing that the prenup is a sign of lack of confidence.