Prenuptial Agreements

A premarital agreement (sometimes called a “prenuptial” or “antenuptial” agreement) is a contract between two parties who are about to be married and who want to define their rights and obligations (usually involving property and spousal support) before they are married. If one party has a high-paying job, children from a prior marriage, or has already accumulated a lot of valuable property, a premarital agreement can save money, time, and trouble later on if things don’t work out.

Without a prenuptial agreement a spouse usually has the right to share ownership of property acquired during marriage, that is, the property will be divided between the spouses in the event of a divorce or at death and share in the management and control of any community property, including the right to sell  or give the property away.

Finally, prenuptial agreements can also be used to protect spouses from each other’s debts such as the proverbial running up of the credit cards prior to filing for divorce.

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