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Prenuptial agreements make property division easier

On Behalf of | Aug 15, 2022 | Family Law

Believe it or not, the United States is not even in the top 10 for countries with the highest divorce rates. We only rank 13. Nonetheless, the odds are not in favor of any marriage lasting forever, which is why those thinking of marriage should also be thinking about divorce.

Why should marriage and divorce be spoken about together?

Marriage itself is a contractual relationship. When we look at the legal aspect of a California marriage in this light, it makes sense to talk about divorce as well. Every contract we enter in our lives have provisions about what happens if there is a breach or the contracted relationship comes to an end.

Talking about divorce means there is no trust, right?

Wrong. In fact, talking about a divorce upfront can put the relationship in perspective and make sure you both are on the same page. Talking about divorce forces you to talk about all of your life goals, kids, finances, housing, etc. Hopefully, you both have already spoken about these topics, but if not, talking about divorce will force you both to confront your differences, if there are any, and solve them now, prior to marriage.

At the end of the conversation about divorce, a prenuptial agreement should be drafted that outlines both parties understanding of the relationship and what should happen, should the marriage end. This can be especially important if one spouse is bringing with them a business, substantial wealth or debts and kids.

Prenuptial agreements

Prenuptial agreements are contracts that both spouses enter that controls how a divorce will occur. This means the couple figures out the property division, child custody, child support, alimony, etc., and then, the prenuptial agreement formalizes it. Then, if a divorce does occur, the divorce court will mandate the split be done in accordance with the prenup.

Less stress during the marriage and divorce

Many times, a spouse may stay married to another simply because they are afraid of the alternative. With a prenup, this fear is gone, and both spouses can breathe easier knowing they are together for the right reasons, not fear. In addition, at divorce, the stress and uncertainty are also eliminated, along with significant litigation costs.