Pros and Cons of a Pre-Nuptial Agreement in California
Pros and Cons of a Pre-Nuptial Agreement in California
We have the greatest pre-nuptial agreement in the world. It's called love.
- Gene Perret
A prenup may not make you more likely to get divorced. It may lay a foundation for open and transparent communication that can be the bedrock of a strong marriage.
Engaged couples may be on cloud nine with wedding planning and honeymoon prospects and the very idea of a prenup may seem like the ultimate romance killer. But just because divorce isn't foreseeable doesn't mean a couple shouldn't be aware of their individual and combined assets, debt, cash flow and net worth. Actually, divorce is the true romance killer.
Surveys indicate that the leading causes of divorce are communication problems, followed by sexual infidelity and not spending enough time together.
Signing a prenuptial agreement can have its advantages and challenges. In order to understand further the purpose of this document, it would help to see and assess the benefits and drawbacks:
Benefits of a Prenuptial Agreement
• Separately owned property is protected
• Prenup can provide estate planning support
• It clearly identifies what property is considered individual vs. marital or community
• It can reduce conflict and expense in the case of a future divorce
Having a prenup can actually pave the way for practicing open communication with your spouse. Some people may think that discussing money matters can lead to conflict when the exact opposite may be the case. Being frank and open about money and property can help eliminate misunderstandings and support good communication in a marriage.
Talking about money does not only happen only during the creation of a prenup, it can actually happen during the entire course of married life. Handling it early in the relationship can be a good sign that the couple can handle these topics and that both of them are level headed enough when it comes to money and property.
Disadvantages of a Prenuptial Agreement
• It's not romantic. Let's face it. It is kind of uncomfortable to talk about the possibility of your union ending in separation or divorce. Also, discussing money and property can be a hindrance to the couple enjoying the engagement period before the wedding
• Timing is essential. Discussing issues about money management, responsibility for debts, property rights and estate planning can be stressful and unpleasant at any time. Doing it early in the relationship can make it all the more stressful.
• State law protection. The existing state laws regarding the property rights of married individuals indicate the ownership of what you accumulate together during the course of marriage and a prenup cannot override state law. However, the prenup can address individual property accumulated prior to the marriage.