Are you upset your partner asked for a prenup before the wedding? Do you believe this means your relationship is more likely to result in a divorce?
It is important for you to know from the outset there is no relationship at all between a prenuptial agreement and the likelihood of a divorce. In fact, those couples who are able to openly and genuinely discuss the issues addressed by the prenuptial agreement demonstrate a stronger, more durable relationship.
What is a prenuptial agreement? A prenuptial agreement outlines how all assets, debts or issues associating with children will be handled in the event of loss of life or a divorce.
There are also powerful protections in our laws for any partner in a prenuptial agreement.
A prenup cannot be used to control the other party or to do anything illegal. A prenup may not attempt to include child custody, parenting time or support issues. Importantly, a prenup cannot include any waiver of rights to spousal support. California law clearly states a prenuptial agreement cannot be unconscionable at the time it is signed and/or enforced.
This is one of the many reasons you should never be upset your partner asked for a prenup prior to marriage. Those who are genuinely seeking a strong and lasting marriage understand the ability to raise and discuss potentially difficult subjects is one of the hallmarks of a strong marriage.
Every individual is unique. Therefore every relationship is unique.
You and your partner both bring your “previous life” into the marriage. What were the existing circumstances prior to the proposed marriage and how can you and your partner adapt the realities of each of your previous lives to the marriage? What assets, debts or issues associated with children from a “previous life” need to be addressed?
It is also important to note that each of the parties must make a full, transparent and accurate disclosure of existing assets and debts prior to signing a prenuptial agreement. There is no reason to be upset your partner asked for a prenup as it actually provides additional protections and transparency as you head into marriage.
Has your partner asked to consider a prenuptial agreement? It is actually a good sign that your partner believes your relationship is and is going to be rooted in the ability to raise potentially challenging issues and work through them together. The ability to openly discuss and work through sensitive topics is the hallmark of most successful long-term marriages.
Don’t be upset your partner asked for a prenup before your marriage in San Diego. Embrace the discussion and the opportunity to understand the issues which are of concern to your future spouse. You will also need the advice of an experienced, proven Certified Family Law Specialist to review the terms of the prenup and provide suggestions.
Protect your own interests and contact us or call 760-434-3330 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.