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Should You Consider a Prenuptial Agreement?

Last updated 5 years ago

With the average marriage age in America moving higher and higher, the answer to the above question is often: yes. Depending on you and your partner’s assets, debts, and potential inheritances, a prenuptial agreement can eliminate headaches by helping you begin planning for the future. Here are some situations where you should consider this agreement:

Do You and Your Partner Carry Vastly Different Debt Burdens?

Prenuptial agreements may evoke images of dividing up property, but in today’s student-debt-heavy world, debt is an important issue for couples to discuss. If you live in a community property state like California, any debt accrued during marriage becomes the financial liability of both partners. If you or your future spouse plan on going back to school, a prenuptial agreement may help you set up ground rules.

Do You Already Have Children?

If you or your partner will enter the marriage with children, a prenuptial agreement can help you set up ground rules and legal safeguards for the future. Having an honest conversation about financially providing for the children as they age is a beneficial talk for most couples. Consulting a family law attorney with this issue may also mean that you receive experienced advice on how to structure future college savings accounts and the like.

Does One of You Own Your Own Business?

If one of the partners is a business owner or otherwise vastly out earns the other, speaking with a lawyer may give you peace of mind when it comes to merging your assets. If no agreement is signed, the state’s community property laws apply to all assets accrued during marriage.

After an engagement, a legal agreement may not be one of your top priorities, but it can be an important part of a lasting marriage. The Northern California offices of Moreno Family Law have helped many couples start off their union on the right foot. Call our San Jose office today at (408) 266-9011 to schedule a free consultation with a member of our team.


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