If you have heard about a prenuptial agreement, then odds are you have probably heard that they are just negative shadows that hang over a marriage. Indeed, so many people believe that a prenuptial is just a precursor to a guaranteed divorce, you might have understandably believed the rumors. The truth is that prenuptial agreements exist for a reason, and many marrying couples choose to draft them for good reasons, too.
To put it simply, a prenuptial agreement allows you and your soon-to-be spouse to outline a few things about how to handle your divorce, just in case you ever decide to split ways. This is not a promise to divorce, or even an inclination that you might have second-thoughts about the marriage. It is only planning for anything, which will make both of your lives easier.
Three key benefits of using a prenuptial agreement are:
- Time: Your prenuptial agreement can contain clauses that decide how to conclude concerns of alimony, property division, relocation, and a few others. (Note: your prenuptial cannot attempt to predetermine anything related to your children, such as child support and custody matters.) Assuming that your prenuptial was drafted fairly and with everyone’s best interests in mind, you can sail right past these issues in a divorce, merely needing to re-read the clauses, rather than work on them from scratch. This can speed up the whole process dramatically, especially if you do not have any kids with your spouse.
- Money: Getting the court’s attention requires you to come up with some cash. Each time you have a court date, you have to pay court fees. A well-drafted prenuptial agreement might allow you to go to court just once to sign the final divorce papers. This reduction of court time directly translates to paying less court fees in the end. Some divorce attorneys will also charge less overall if a divorce concludes sooner or is less complicated, such as one pre-pathed by a prenuptial agreement.
- Energy: Spending less time and money on your divorce is bound to make you and your spouse feel better about the whole thing. Beyond these sources of stress relief, knowing that you have a “legal safety net” beneath your marriage can bring about a welcome peace of mind during your marriage. In fact, your marriage might be strengthened by the removal of “what if” worries, allowing you to focus on the here and the now.
Are you thinking that a prenuptial agreement might be useful for you and your spouse? You can explore your options and get a better idea of what prenups do and don’t do during a free initial consultation with The Edmunds Law Firm. Contact our San Diego family law attorneys today to get started – we can also discuss postnuptial agreements if you are already married.