Pre and Post-Nuptial Agreements Attorney in Los Angeles, California

Prenuptial Agreements: Who should think about having a prenuptial agreement?

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Prenuptial agreements are handy when someone has a lot of assets to protect and wants to define and confirm that these assets are that persons separate property coming in to the marriage. Prenuptial agreements are often used by people coming into a second marriage and there are obligations related to their first marriage in terms of spousal support, child support, not really custody that’s not really relevant, but other obligations or payments to a former spouse, a stream of payments. A business interest that they have to honor and they just want it very clearly put into writing that this is the deal coming into the marriage so that the other spouse, the new spouse isn’t surprised and can’t say oh, I didn’t realize that or I didn’t know that.

Certainly, people are supposed to marry for love and affection but it sometimes as a practical matter needs to be stated I own this, this is my business, I have these obligations, and I don’t want you to be a part of it in terms of liability or otherwise. And sometimes for inheritance purposes people will do prenuptial agreements or postnuptial agreements. And it’s just to clarify the respective rights of the spouses in terms of their property and their income and earnings.

Los Angeles, CA family law attorney Joanne Ratinoff talks about who should consider getting a prenuptial agreement. She explains that prenuptial agreements are valuable tools for individuals who possess significant assets and wish to establish and confirm that those assets are considered their separate property upon entering a marriage. These agreements are commonly utilized by individuals entering into a second marriage, particularly when they have ongoing financial obligations towards their previous spouse, such as spousal or child support payments. It may not involve custody matters, but rather other financial commitments. Additionally, if there are business interests or specific obligations that need to be protected and honored, individuals may seek to clearly outline these provisions in writing through a prenuptial agreement. This helps ensure that the new spouse is fully aware and cannot later claim ignorance or surprise.

While marriage is primarily based on love and affection, it is sometimes necessary to address practical considerations. By delineating ownership, financial obligations, and potential inheritances, prenuptial agreements or even postnuptial agreements can provide clarity regarding the respective rights of the spouses concerning property, income, and earnings. These agreements serve to protect the interests and assets of both parties while fostering open communication and understanding regarding financial matters within the marriage.

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