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Law Offices of John A. Guthrie
  • Home
  • About
  • Attorneys
  • Services
    • Divorce
      • High – Asset Divorce
      • Business Valuation and Division
      • Property Division
      • Spousal Support
      • Child Custody and Visitation
      • Child Support
      • Contested and Uncontested Divorce
    • Domestic Violence
      • Domestic Violence And Divorce
      • Domestic Violence Restraining Orders
    • Family Law
      • Paternity
      • Post – Judgment Modifications
    • Mediation Services
  • Articles
    • California Community Property Basics
    • Changing the Terms of Your California Divorce Decree
    • Getting a Divorce? Watch Out for Hidden Assets
    • Modifying Child Support Payments in Tough Economic Times
    • Modifying Parenting Plans an Ongoing Process in California
    • Financial considerations for divorcing baby boomers
    • Imputation of income: Best interests of child finding required
    • Want an amicable divorce? Consider divorce mediation
    • How to make an effective child custody agreement
  • Blog
  • Contact
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  5. Why you should consider having a prenup before tying the knot

Why you should consider having a prenup before tying the knot

On Behalf of Law Offices of John A. Guthrie | May 1, 2014 | High Asset Divorce

When you are getting married, you don’t think about what will happen if you ever split up. Unfortunately, more couples may want to address what will happen to their property and assets before they tie the knot since the divorce rate is sitting at 40 to 50 percent in the United States. 

Couples in California may want to consider drafting a prenuptial agreement if they have a significant amount of wealth or property. It can be difficult to discuss a prenup and your soon-to-be spouse may feel hurt or question why you need one. Despite the difficulties, failing to put together a prenup before the big day could result in financial losses and turmoil if the marriage ends in divorce. 

Divorces involving significant assets can be very complex, especially if there is no prenup. Even though it may be hard to discuss now, drafting a prenup can help you save money and reduce conflict in the event you get divorced. 

A prenuptial agreement can cover a variety of things including what will happen to your assets and property if you get divorced. Prenups can include property rights, which can address who will own the home and other property. Prenups can also have fidelity clauses that state if one spouse is unfaithful, he or she may lose all rights to marital property or even spousal support. 

It should be noted that prenups cannot address child support as well as any requirements that would violate California laws. 

Deciding to draft a prenuptial agreement can be a difficult decision to make but it may end up being one of the most important decisions you make in your life. Individuals thinking about drafting a prenup should be open and honest with their soon-to-be spouse and contact an attorney to discuss the process of drafting a prenup and what to include. 

Source: U.S. News, “For Love or for Money: Should You Get a Prenup?” Ginger Dean, April 25, 2014

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