I Have Never Had A Couple Get Divorced After Getting a Prenuptial Agreement

This is obviously clickbait. But, it’s true.  In my career I have never had a couple who retained me to prepare a prenuptial agreement for them file for divorce.  The implication is that Prenups make marriages stronger, right? Well…no.  I believe that couples who who agree that they want a prenuptial agreement and come to me together have character traits that improve the chances they will remain together. Prenuptial agreements are empowering documents. Think about it, you already have a prenuptial agreement. It was written by the government. Why not come to an agreement about finances that suits you and your partner? Why not take control over an issue that you can avoid leaving to the government?

Prenups are tools that provide clarity. Of course with a prenuptial agreement you ensure that should your relationship end ,you and your partner decide the financial terms. More importantly you can ensure that the parties are on the same page with respect to how they will treat their finances and their financial obligations  as a couple.

If you do not have a prenuptial agreement the government decides what happens to your assets when you divorce.

Everybody knows that California is a Community property state.But the actual rules regarding characterizing and dividing assets and debts in a California divorce are complicated.

For example: if you own your own residence prior to marriage and your spouse never pays a penny towards the mortgage they will still obtain a community property interest in your house over the course of the marriage. They won’t obtain an interest equal to your own, but they will obtain an interest. If you have a prenuptial agreement, you can follow the government rules or you can make your own rules.

I used this example because the manner in which the court determines  the value of your spouse’s interest in the house you purchased prior to marriage is particularly complicated. Click this link to learn more about how the interest of the spouse that does not own the real property and is not on the title to the real property is determined by the Court during a divorce.

Are Estate Plans a good idea? Of course they are. Do you have an estate plan—for Californians, the most efficient estate plans includes a living trust (also known as an inter vivos trust). With a living trust you avoid having to go to probate court. If you do not have an estate plan, you are being foolish. I would submit the same can be said about Prenuptial Agreements.

Prenups allow you to determine what you and your spouse will do concerning alimony.

The idea that making an agreement about alimony is unfair is specious. Why would it be better to get married without a clear picture of the government’s idea of your obligations to each other concerning alimony. How is that “more fair?” A prenuptial agreement is a tool for fairness, allowing couples to outline their financial duties and expectations before entering marriage.

 

Galen Gentry has over 30 years of experience assisting clients in Los Angeles and Southern California with drafting, reviewing and enforcing prenuptial and postnuptial agreements to protect their families and their interests. Call at (310) 282-7521 or contact us online to schedule a free consultation.