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Prenuptial Agreements: Protecting Your Assets Before Marriage

Couple signing prenup

When people hear the word prenup, they typically think someone is planning for a divorce before they get married and figure that “that marriage won’t last.” But the truth is, having a prenuptial agreement (or “prenup” for short) is about protecting both partners and making sure you’re on the same page before you say “I do.” A prenup is a written contract that lays out how assets, debts, and sometimes even spousal support will be handled IF the marriage ends in divorce or legal separation. 

In California, prenups are especially useful when one or both spouses come into the marriage with significant assets, own a business, expect an inheritance, or have children from a prior relationship. Without a prenup, California’s community property laws apply meaning anything earned or acquired during the marriage (with some exceptions, see our previous blog on that) is typically divided equally. A prenup can override this by clearly defining what stays separate, how shared property will be divided, and whether spousal support will be paid. It clears up any confusion and expectations of both partners entering into the marriage to know what their rights are. 

It’s important to understand that not every prenup is automatically valid. California has strict rules to ensure that these agreements are fair and that both parties enter them willingly, without pressure or deception. Both partners need to fully disclose their financial situation, and ideally, each should have their own attorney review the agreement. If a prenup is rushed, unfair, or signed under pressure (especially right before the wedding), the risk it won’t hold up in court is high. 

If you’re considering a prenup or just want to understand if it’s right for your situation, The Grey Legal Group, APC can help. Our experienced family law attorneys will work with you to protect your interests and give you peace of mind as you step into this new chapter. Contact us today to schedule a consultation and take the next step toward securing your future together. 

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