Prenuptial Agreements

Santa Barbara Prenuptial Agreement Lawyer

What Is a Prenup Agreement?

A prenuptial agreement, commonly referred to as a prenup, is a legal agreement between two people before their marriage. The most common function of a prenup is to determine what will happen to the spouses’ finances if a divorce occurs, although certain other issues and arrangements can be settled as well. A prenuptial agreement can seem like an unromantic prospect with your wedding around the corner, but it could offer you – and your spouse – peace of mind about what happens if life changes and a divorce becomes unavoidable.

No one really plans on death or divorce, after all, but in only one of those circumstances is the outcome ever certain. Just as a will is a plan for what to do after someone’s death, a prenup can be a plan for legal arrangements and boundaries should spouses seek a divorce.

If you want to know how a prenup can benefit you, call Morales Law at (805) 422-7966 for more information.

What Can a Prenuptial Agreement Protect?

A prenuptial agreement is often foremost concerned with what occurs to finances in the event of divorce, but provisions can be added to protect your interest in property and other aspects of life. Generally speaking, this boils down to drawing clear outlines for separate property and community property that might be recognized in divorce proceedings anyway, but a prenup offers a chance to clearly make such distinctions before a dispute arises.

A prenup can do the following and more:

  • Outline spouses’ major responsibilities in marriage (managing household bills, joint bank accounts, credit card spending and payment, savings contributions, etc.)
  • State directions for property division in the event of divorce
  • Maintain your control over your estate plan
  • Protect family property such as heirlooms, family businesses, future inheritance, etc.
  • Ensure children existing before your marriage inherit some of your property
  • Guard you against liability for your spouse’s personal debts

Limitations to a Prenuptial Agreement

While a prenuptial agreement can do a lot in the way of protecting you from ruin in a divorce, there exist limits to what it’s capable of doing.

Some things may not be considered in your prenup, including but not limited to:

  • Anything illegal, because just one such item could invalidate the entire agreement
  • Mandate that a spouse change his or her name
  • Decisions regarding child custody and child support
  • Outline for spouses’ household chores and other non-financial matters
  • Precluding or limiting spousal support
  • Provisions encouraging divorce

Contact us today at (805) 422-7966 to find out how our prenup attorney in Santa Barbara can help you.

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