Why Draft A Prenuptial Agreement?

The thought of bringing up a prenuptial agreement with your partner may scare you. Many people worry that a prenup will cause tension or indicate an expectation of eventual divorce. However, there are multiple benefits and reasons to consider a premarital agreement.

Prenups can open a discussion about financial expectations and concerns heading into the marriage. When deciding whether a prenup is right for you, here are some considerations you want to make:

  • What assets are you bringing into the marriage?
  • Do you own a business? What will happen to it once you’re married?
  • Do you have any children from a previous relationship/marriage?
  • How are you going to handle any debts brought into the marriage?

Defining what is separate property and what is marital property can save you and your family a lot of stress later. Again, a prenup is not an expectation that you will divorce, but it does make the divorce process much easier in the event that you do separate.

Is A Post-Marital Agreement More Suitable?

Some couples opt for a postnuptial agreement. A postnup functions like a prenup, and it can address the same issues such as defining separate vs. marital property or how ownership of a business will be divided.

For some, a post-marital agreement is preferable because the couple may have been uncomfortable discussing these matters before marriage or wanted a better assessment of all their assets before making any big decisions about them.

Meet With Us About Your Options

Our attorneys at Laughlin Legal, PC, can guide you in determining whether a marital agreement is a wise decision for your situation. We will also help you consider everything your agreement should include.

To talk to one of our lawyers, please contact us online or call 650-389-9133. We serve Foster City, Oakland, San Mateo, the Lower California Peninsula area and San Francisco.

We speak Cantonese, Mandarin and Spanish.