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Already Said I Do To Your Spouse? You Can Still Say I Do To A Prenup

The Law Offices of Ronald K. StitchJuly 21, 2021

Movies have trained us to think a prenuptial agreement or prenup is a contract signed before marriage, protecting one of the newlyweds from a gold-digging fiancé. In actuality, a prenup is a written contract both parties create before marriage which normally is a complete list of each person’s property and their debts, specifying everyone’s property rights after the nuptials. Even if prenups are arranged before marriage, you can sign before or after exchanging vows.

Whatever questions you may have, the Westlake Village post-nuptial agreement attorneys at the Law Offices of Ronald K. Stitch are here to provide answers.

Explaining The Reasons For A Prenuptial Or A Post-Nuptial

If a prenuptial agreement is written and signed before a marriage, a post-nuptial agreement is a contract drafted and signed after marriage.

There are three most common reasons couples contemplate post-nuptial agreements after marriage:

  1. An uncomplicated separation or divorce: Relationships change all the time. A post-nuptial agreement keeps couples from feeling trapped in an unhappy marriage for the wrong reasons. Post-nuptial agreements offer a line-by-line description of assets and finances and the potential of how these financial aspects will be handled in the future.
  2. Marriage Harmony: As unromantic as it sounds, post-nuptial agreements can help couples iron out financial differences and take potential disagreements out of the equation. Separating finances removes one of the biggest topics for arguments and provides a sense of harmony.
  3. Future Stability: Both prenuptial and post-nuptial agreements can be controversial—someone may feel slighted because they come into a marriage with fewer assets. Post-nuptial agreements confirm financial stability for everyone’s future.

When Should I Contact A Lawyer?

According to the National Center for Health Statistics, the national divorce rate is between 40% to 50% in any given year, and California’s divorce rate is always higher.

Prenuptial and post-nuptial contracts can eliminate the stress of financial disagreements. They can also transform separations or divorces into a seamless process. Contracts must be approved by both parties. Everyone should be of sound mind, and no one can influence or intimidate someone into signing.

The legal steps are relatively simple to get prenups and post-nups drawn up:

  1. Find a family law attorney who spends 60% of their time working in family law.
  2. Assess your and your spouse’s separate and shared assets and finances. This will determine what kind of support that may be provided to one another if separation occurs.
  3. Decide early if you want to draft a post-nup—the longer a marriage lasts, the more difficult it is to decipher separate financial statuses.
  4. Be honest. Dishonesty can nullify a post-nup.

When you are ready, the Westlake Village post-nuptial agreement attorneys at the Law Offices of Ronald K. Stitch are dedicated to discussing the best path for you. Contact us for a free consultation by clicking here or by calling 818-237-4574.

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