Attorney for Prenuptial Agreements
Prenuptial agreements are the practical side of love and romance. Instead of seeing it as a gateway for eventual dissolution of your marriage or domestic partnership, consider it a set of boundaries both parties establish that protect your assets—as well as saves you from the unnecessary discussion about divorce what-ifs.
What are Prenuptial Agreements?
A prenuptial agreement is a contract a couple creates before getting married or legally establishing a domestic partnership. It outlines which property and debt belongs to who should the marriage or domestic partnership dissolve. If your marriage or partnership dissolves and you do not have a prenup, what happens to your property and assets are left up to the state. Not only that, but you could wind up in a drawn-out, contested case (which we discuss below).
Common Misconceptions About Prenuptials
As we have mentioned, a common misconception is assuming prenuptials are either only for the wealthy or is bound to lead to dissolution.
In general, anyone who wants to clarify what belongs to who can benefit from a prenup. This includes property you want passed down to your children from a separate marriage or partnership. Prenups also can help protect debts and specify the financials, despite wealth or children.
Creating a Prenup Agreement
While you can technically create your own prenup, because of the number of legalities, not to mention the scrutiny courts adhere to them, you may benefit from hiring an experienced prenuptial attorney, like the experts at The Law Offices of Kara S. Holtz.
Doing so, will make it less likely for the prenup to be contested or thrown out if you do need it in the future. Depending on your marriage or partnership and your comfortability levels, you may choose to use separate attorneys or go through one attorney.
Less Possibility of a Contested Case
Without a prenuptial agreement, you may have to depend on the courts for issues involving child support, spousal or partner support, child custody, and visitation rights.
Similar to modification orders, you and your spouse or partner can write up the issues you both agree on and present it to the judge to sign. The rest of the issues can then be discussed and an agreement can be reached in court.
Consider Inserting a Sunset Clause
If devising a prenup makes you and your spouse or partner uncomfortable, consider the compromise of a sunset clause. A sunset clause specifies that after so many years, the prenup is null and void. You can also choose which items you want the sunset clause to apply to.
Holtz Law Can Help
Prenups save you from dealing with the emotional stress of going to court should your marriage or partnership dissolve. Still, navigating the ins and outs of prenuptial agreements is complicated, to say the least. For legal support in Northern California, from San Rafael to Redwood City, contact Kara S. Holtz, experienced prenup attorney. You may also call Holtz Law at (451)-785-4129 (North Bay Office) or at (650)-632-4380 (South Bay Office).