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Factors to Consider When Drafting a Premarital Agreement

The Law Offices of Ronald K. StitchMarch 15, 2022

Although some couples believe that creating a premarital agreement or “prenup” indicates a lack of confidence in the long-term strength of a union, in reality, working together with a future spouse to generate a premarital agreement is an indication that two partners respect one another and believe each one deserves to know their rights and property will be protected if the marriage ends. Creating a premarital agreement isn’t something a person does because they expect to get a divorce in the future. It’s merely responsible and mature step couples often take to minimize some of the stress that getting married may otherwise involve.

That said, not all premarital agreements are equally strong. To ensure yours is as thorough as necessary, consider these essential factors:

Children from a Previous Marriage

The factors that one couple may consider when drafting a premarital agreement with the help of a family law attorney might not be the same as those another will consider. Everyone’s circumstances are unique in this regard.

For example, when two people plan to get married, one may have children from a previous marriage. It might be important to them that they be certain their children will be able to inherit their share of their estate in the event of their death. This is a factor which could be addressed when working on a premarital agreement.

Family Property

When two people get married, in general, they combine their property. However, someone might own a form of property that has been in their immediate family for many years or generations. They may want to ensure it stays that way regardless of whether the marriage eventually ends. A premarital agreement can give them the peace of mind that comes from knowing important family property will not leave the family if a marriage ends in divorce.

Spousal Support

No one getting married wants to think about the possibility of their marriage ending. This is understandable. Still, the fact remains that for reasons they had not anticipated when they initially got married, some spouses divorce one another after learning that what began as a healthy marriage did not have the foundation to support a lifelong commitment.

Getting a divorce can be a painful experience. Luckily, there are many steps couples can take early to minimize the challenges they may face should they ever get divorced. For example, when generating a premarital agreement, they can make key decisions about spousal support. Making such decisions in advance will limit the chances of conflict and stress arising in the future if they do choose to eventually get a divorce.

These are just some examples of the factors two future spouses may consider when drafting their premarital agreement. Be aware, some of the factors that you might think can be addressed via a premarital agreement (such as household duties) actually cannot be. To ensure your premarital agreement is thorough and valid, strongly consider enlisting the help of an expert. At the Law Offices of Ronald K. Stitch, you’ll find a Westlake Village family law attorney dedicated to helping you generate the ideal premarital agreement for your goals. Contact our offices online or call us at 818-237-4574 for more information.

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