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Make sense!
Coach
Makes perfect sense. It’s a non-negotiable for me.
-former family law legal assistant, who would absolutely get a prenup if I was getting married.
Nope. It makes perfect sense. I had one client complain that it was too easy to get married. Adding a prenup would make it harder.
1000% agree. Prenups don’t just exist to protect property and generational wealth, done right they can provide so much more “certainty” in the event of a divorce, which ultimately leads to time and money saved in attorneys fees in the long run for both parties (think arbitration clauses, limits on spousal maintenance, assignment of debt, etc.). I live and practice in a community property state, so it’s even more useful for us- literally a night and day difference divorcing someone with a proper prenup in place vs somebody without one… The only issues you’re really left litigating are custody and fault. Most people seem to forget that debt gets split in a divorce, too, and I can’t tell you how many people I’ve divorced who had NO IDEA how many credit cards the other party had signed up for/had insane balances on until we exchanged discovery…
Unfortunately, prenups are still so negatively stigmatized by society (ESPECIALLY non-lawyers/legal professionals) that the mere mentioning of them implies a lack of love or faith in the relationship and some people get downright offended by them, or think a prenup makes it where “I won’t get anything out of a divorce”. Personally, I wouldn’t marry anyone without one in place either- the pros greatly outweigh any cons, which can be properly talked over/worked out with the right person.
TLDR if they aren’t mature enough/can’t talk about a prenup openly, you’re probably better off not marrying them!
Yes even with no assets- you can stipulate as to no spousal maintenance/alimony whether at final or a TO, for example (this is one point of huge contention- file first by surprise, set for hearing asap and ask for temporary support).
As per inherited real estate- not too sure about California as I’m not licensed there, but in my state I’ve seen it get murky where one of the spouses used marital income to improve the property and can trace it back, or where the party who inherited refinanced the property, or took a lien out on it while married, etc.
Agreed. Bf and I bought a house together and we entered into a cohabitation agreement where we go through so many things in detail that most people don’t even consider
More on this please.. how?
I agree! Im a huge advocate for prenups!
Coach
I’m going to go out on a limb here and disagree. I think community property laws exist for a reason and in a lot of circumstances are fair. I agree you should definitely have convos about money before marrying, but in a situation where neither spouse has anything prior to marriage and one dedicates her time to being a stay at home parent while the other develops a lucrative career, the stay at home parent shouldn’t be left with nothing in a divorce because the other spouse depended on them in order to become successful. Just my two cents after close to a decade in family law.