pasadena family law CENTER | PRENUPTIAL AGREEMENT
Prenuptial or Premarital agreements are important tools to prevent conflict and excessive litigation should there be a divorce or a death of a spouse. Engaged couples can decide before they get married how they would divide property and deal with spousal support. This helps each spouse to be informed before, during and after marriage. It can also help calm the waters for children of previous relationships who might be concerned that their new step-father or step-mother might inherit most or all of their parent’s assets or try to take assets during a divorce that perhaps should belong to them. Soon-to-be brides and grooms sometimes have a medical condition and want to make it clear how their debts will be paid.
There are a few strict rules that apply in case the pre-nup is ever used in court. For instance, both must have consulting attorneys involved in the drafting and reviewing process as the pre-nup is being fine-tuned. In addition, both “parties” must disclose all of their assets, debts and income to be included as a part of the pre-nup. To insure a prenuptial agreement will hold up in court if ever needed, couples need to make sure they retain their consulting attorneys and start this process several months before their wedding, as it should never be done at the last minute. Prenups are voluntary agreements and can never be forced and the more you disclose and agree to before drafting the pre-nup the better.
Pasadena Family Law Prenuptial Mediation
Prenuptial agreements can be mediated for couples who need a neutral to help them reach an agreement as to property division, such as dealing with business ownership, real property ownership, retirement accounts and spousal support. If the pre-nup is mediated each party still must have a consulting attorney of their own during the drafting and reviewing process. The consulting attorneys are not needed at the mediation session(s).