Do You Need Prenuptial Agreement?

Prenuptial agreements have long suffered from a bad reputation. Most people believed (and some still do) that these documents are only for the very wealthy — particularly those who were marrying someone with significantly less money.

But consider this: divorce rates are significantly higher than they were in the past, and Americans are now entering into first marriages a few years later (on average) than their parents and grandparents did. That means most people enter marriage with more of their own assets and with the knowledge that divorce is a real possibility.

Who Needs A Prenuptial Agreement?

In light of the considerations above, it should be clear that prenuptial agreements can benefit "average" couples as well as those who are wealthy. Prenuptial agreements can be especially useful if:

  • You have at least some wealth going into marriage
  • You have children from a previous marriage or relationship
  • You are the named beneficiary of a trust
  • You own a business or have a stake in a family business
  • You own the real estate in which you reside with your future spouse

A common argument against prenuptial agreements is that someone who wants one is expecting to get divorced. But this isn't true. If you have car insurance, it's not because you expect to get into a crash. A prenuptial agreement can be thought of as a kind of insurance.

What Does A Prenuptial Agreement Require?

How you write and present a prenuptial agreement matters. Generally speaking, for a prenuptial agreement to be valid and enforceable, it must:

  • Contain terms that are fair to both parties
  • Be clearly written
  • Reflect proper and accurate financial disclosure
  • Be presented to the other party well before the wedding, with enough time to carefully review it, preferably with his or her own lawyer
  • Be signed by both parties, of their own free will, with no evidence of deception, fraud, or coercion

Legal Experience You Can Trust

Most family law attorneys can draft a prenuptial agreement, but results vary. I'm attorney Linda D. States, and I have been writing prenuptial agreements since I first started practicing family law. I have prepared, defended and challenged prenuptial agreements for some of the highest-net-worth individuals in California. I know where prenups can be undermined, and I use that knowledge to draft stronger agreements.

Despite being especially sought-after in this area, my firm does not charge more for help with prenuptial agreements. The work is billed at the same hourly rate as my other services.

Call Today To Discuss Your Legal Needs

Located in Sacramento, the Law Office of Linda D. States serves clients throughout the area. To discuss prenuptial agreements or any other family law issue, call me at 916-426-9119, or fill out this online contact form.