Kevin Qualls Family Law
Maintaining Professionalism. Preserving Civility. Finding Answers. Practical Guidance On Important Divorce And Custody Matters

The Ins and Outs of Prenuptial Agreements

The last thing a happily engaged couple wants to think about is divorce. But, the sad reality of marriage in the United States is that about half of all marriages ultimately do not last "'til death do them part." And among the issues associated with a divorce are child custody and child support, alimony or spousal support and property division, which often can become an area of contention between both sides. In an effort to avoid potential issues down the road, more and more couples are deciding to create prenuptial or postnuptial agreements to protect themselves in the event of a divorce.

One of the best ways to prevent potential divorce problems down the line is to discuss and create a prenuptial agreement. This will enable both spouses to discuss and agree upon financial matters, such as, debts associated with a spouse, inheritance for children from a previous relationship, family property, estate plans, property division and responsibilities pertaining to businesses, retirement benefits, income deductions and claims for tax returns, household bills and expenses, joint bank accounts, large household purchases, credit card spending and payments, joint or individual savings accounts and contributions, property division in the event of a death, education costs and decisions regarding potential contentious issues such as arbitration or mediation in the event of a divorce.

It is important to understand that prenuptial agreements and postnuptial agreements are generally for financial decisions, not personal decisions. A judge will not consider agreements concerning child custody or child support, alimony or spousal support or non-financial matters such as chores and child rearing decisions.

If people want to have an agreement document about such matters, it is wise to put it as a separate document. A judge may strike down an entire prenuptial or postnuptial document if it contains decisions a judge finds frivolous. Doing so can help prevent couples from having divorce problems down the road.

Source: Findlaw, "What Can and Cannot be Included in Prenuptial Agreements," Accessed on Dec. 28, 2015

No Comments

Leave a comment
Comment Information

Kevin Qualls Family Law
625 The City Drive South
Suite 470
Orange, CA 92868
Toll Free: 800-783-1934
Fax: 714-750-5983
Map and Directions