Photo of Professionals at McCoy Fatula, APC
Photo of Professionals at McCoy Fatula, APC

Is a prenup really bad luck for your marriage?

On Behalf of | May 14, 2024 | Property Division

When your wedding is just around the corner, the idea of a prenuptial agreement may seem out of place for many couples in Roseville. You and your beloved are about to commit yourselves to a life together. Talking about what would happen to your marital property if you get divorced someday could feel like tempting fate. But could this legal document be more of a blessing than a curse for your future together?

What exactly is a prenup?

A prenuptial agreement, commonly called a prenup, is a legal contract created before marriage that outlines the division of assets and financial responsibilities should the marriage end. For example, you and your future spouse could decide who would get the house, how to divide retirement savings, and whether one of you would pay alimony to the other. You can also agree on these matters if you are already married in a document called a postnuptial agreement or postnup.

Many people believe that negotiating and signing a prenup is a sign that your relationship is in trouble because it acknowledges the possibility of divorce. However, many observers believe the opposite to be true: the process of creating a prenuptial agreement can actually be good for your future marriage.

Opening the money discussion

Negotiating a prenup forces couples to talk openly about their finances, align on their monetary values, and confront any debt head-on. Communication can help you and your future spouse get on the same page about money matters and reduce the chances of financial problems coming between you. With disagreements about money being the cause of so many divorces, this can greatly strengthen your relationship. In an article about prenuptial agreements, one family law attorney said that only about five percent of her clients who retained her for help with a prenup ever came back to her for divorce representation. The overall divorce rate in California is over 50 percent.

So, is a prenup bad luck? Far from it. It’s a proactive step toward a transparent and honest marriage.

Safeguarding your rights and needs

It’s essential for each person to have their own family law attorney. This ensures that the prenup is fair and that both individuals’ rights and financial needs are considered. Your lawyer can advise you of your rights and obligations and help tailor the details of your prenup to your specific needs and goals.

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