It is understandable to have mixed emotions if your fiancé asks you about signing a prenuptial agreement, when you have never thought about doing so. On some level, most people going into a marriage know that marriage is a lot like a business partnership, but some people think that putting your financial agreement in writing is cynical. Meanwhile, a growing number of newlyweds are signing a prenuptial agreement as a way of making mature financial decisions and being honest with each other about their assets, debts, and feelings about financial obligations. In other words, many recently married couples who have signed prenups are not especially wealthy; they do not have thousands of dollars lying around with which to pay a lawyer. An affordable way to get your prenuptial agreement accomplished is to have a California non-attorney legal document assistant prepare the prenup.
Can You Ever Change or Amend a Prenup After Marriage?
After signing a prenuptial agreement, it is possible to amend some or all of the provisions of your prenuptial agreement after you get married. You will have to sign an amendment document in order for the changes to be legally enforceable. In this regard, a prenuptial agreement is very similar to a financial agreement between business partners.
Do Prenups Indicate a Lack of Trust?
No, prenuptial agreements do not indicate a lack of trust between the parties. Quite the opposite in fact. When a couple is signing a prenuptial agreement, it means they are being honest with each other about their premarital assets and debts. If you omit assets or debts when listing your separate property, the prenup will not be legally enforceable in a divorce case. Once you have finalized your prenup, then, there is no reason to suspect that your spouse is hiding assets or debts.
What are the Limitations of Prenups?
Money is a common source of conflict in marriages, but so is parenting. When signing a prenuptial agreement, you cannot make any provisions in a prenup about children you already have or will have in the future. For example, you cannot specify how many children you plan to have or commit to any decisions about adoption or fertility treatments. Of course, it is a good idea to discuss your wishes about children before you get married, but this cannot be part of the prenup. If you already have children from a previous marriage, a prenup can help you delineate your financial commitment both to your children and to your new marriage.
Signing a Prenuptial Agreement Does Not Mean You Need a Lawyer
The idea that only rich people and celebrities sign prenups is just a stereotype. Some people who own very little property just so they can protect each other from the student loan debt both spouses bring to the marriage. If your prenup is primarily about debt instead of wealth, then you hiring a lawyer would be a financial hardship. The good news is that it is possible to draft a legally enforceable prenup without a lawyer. Contact A People’s Choice to have a professional legal document assistant prepare your prenuptial agreement.
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