Should I Create a California Prenuptial Agreement?
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Should I Create a California Prenuptial Agreement?

Divorce / Family Law

Anat Resnik

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Should I Create a California Prenuptial Agreement?

The benefits and limitations of prenuptial agreements before a marriage in California.

Don’t prenups indicate a lack of trust? Even though one in ten couples enter into some kind of prenuptial or premarital agreement (“prenups”), many fiancĂ©s remain reluctant to consider a prenup because they believe it seems unromantic and indicates a lack of trust. There are several reasons why this reluctance is misplaced.

You can gain control over your future financial situation.

If you don’t sign a prenup, your marriage will be governed by a complex set of laws. In California, these laws are the California Family Code and Probate Code. The choice is between a set of rules negotiated by you and your fiancĂ©, or those imposed by the State, over which you will have no control. And remember, prenups can be drafted to protect both spouses, not just a wealthy spouse.

You’ll learn how to communicate with your partner about money issues.

Far from undermining trust, the process of drafting and negotiating a prenuptial agreement may, in fact, strengthen your relationship.
The process requires a full disclosure of your financial situation and involves an open and honest discussion about how you will handle your money and plan your future. One psychiatrist states: “Openly agreed-upon rules are likely to be a better foundation for growth than are those latent rules that surface and prove to be either disagreeable or downright outrageous (‘What do you mean, you don’t do dishes?’)”

Also, prenups prepare you for marriage.

Sooner or later you and your sweetheart are going to have to talk about money. Why not do it now and save potential heartache and trouble later on? After your honeymoon is over, you will soon find out that earning and spending money is an integral part of your marriage. Prenups can provide peace of mind.

It just makes sense.

No one plans on their house burning down, ending up in a nursing home, or suffering a disability, but they still take out insurance. As Dr. Ruth says: “We live in such a litigious society. Nobody knows what life brings. Hopefully we will never need it. What’s the big deal? Let’s do it and give it to the attorneys…for the new millennium, a prenup is part of a mature relationship, based on love, mutual trust and optimism.”

If you have a question regarding Family Law in Los Angeles please contact us at (818) 926-4420 or visit the Family Law section on our website at Law Offices of Anat Resnik. Call today and we will connect you with Anat Resnik, an experienced, aggressive, affordable Divorce and Family Law Attorney in Encino. After you have spoken with our Los Angeles Family Law attorney, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of filing for Divorce, a Paternity issues, Child Custody and Visitation, Spousal Support & Alimony, etc. we can help! Call us now at(818) 926-4420. We look forward to hearing from you and assisting you with any and all family law needs.

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