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As people wait to get married, or enter into second or additional marriages, prenuptial agreements concerning how the parties will divide assets and debts after marriage are becoming increasingly popular. There are many reasons why someone would want to enter into a prenuptial agreement before marriage, some of which may include: protection of assets accumulated before marriage; protection against debts; protection of inheritance rights of children from a prior marriage; or a modification of the community property laws that might otherwise apply.
The parties are able to decide, by written contract or agreement, how they want community property laws to apply or not apply. The parties are able to discuss the liability each will have for debts, how they will deal with spousal maintenance or living circumstances, and anything else that does not relate primarily to their children.
People have very different reasons for wanting to enter into a prenuptial or premarital agreement, and simply because one or both parties want a prenuptial agreement does not mean that the parties are not committed to their relationship. If you are considering a prenuptial or premarital agreement, please call to schedule a consultation to discuss your options and what it means. Prenuptial or premarital agreements written without an attorney’s assistance may not be valid and enforceable. An experienced attorney can help you with doing everything possible to make such an agreement enforceable.
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