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Attorney & Mediator Lynette S. Kim

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You are here: Home / Spousal Support / Why a Couple Should Consider Getting a Prenuptial Agreement

Why a Couple Should Consider Getting a Prenuptial Agreement

By Lynette Kim

Prenuptial Agreements get a bad reputation in the media and they are almost always directly related to a bitter divorce. If you or your partner are considering getting a prenup, we are here to assure you that this should not overshadow a significant event such as a wedding.  In fact, a Prenuptial Agreement can address uncomfortable or difficult conversations that all couples need to have before getting married. Here is some helpful information about prenuptials that should give you and your partner some peace of mind.

Prenups Can Initiate Important Financial Conversations

Prenuptials allow the couple to take the time to think about how they’re going to handle their finances during marriage. The commingling of incomes during marriage is not for everyone, especially among younger adults.  There are many today who are financially savvy and they’ve seen what their parents have gone through, perhaps in a divorce that’s filled with conflict.  The prenup process gives the couple an opportunity to discuss what they can expect financially during marriage. This also allows them to think about how assets might be divided if there’s a separation and allows the couple to talk about what they might have completely avoided during the process leading up to their marriage.

Prenups are Important for Second Marriages

If it’s a second marriage and there are children from a previous marriage, a prenup gives the couple a chance to discuss existing assets, children, and other financial matters.  Putting all the cards on the table, so to speak, is helpful and essential for avoiding potential financial disagreements in the future.

A Prenup is not Meant to Conjure up Bad Omens

There is a misconception that getting a prenup will eventually destroy a marriage.  Conversations about finances are extremely important and discussions about what will go into a prenup is a form of premarital counseling that focuses on finances.  Money is traditionally a difficult issue for people to talk about so this makes it easier to bring it out into the open.  Having that conversation in advance can create clarity and transparency, which could save a marriage in the long run.

When to Start the Process

It is always a good idea to get a prenup done as early as possible. Genuine financial issues require thoughtful consideration before making decisions.  In California, Family Code requires that the final version of the prenup be presented to both parties at least seven days prior to signing the agreement. One should consider giving it a couple of months to give it a thorough examination. There should be an attorney on the other side to review, to negotiate any points that need to be negotiated, to make revisions and time to have the agreement notarized.  A wedding ceremony is stressful and distracting and a prenup should begin long before the ceremony. 

We Are Here to Help

If you are needing help with a prenuptial agreement, or are needing more information about our services, contact us at Kim Mediation and Law Center for a free 15-minute phone consultation.

Filed Under: Spousal Support

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