Kevin Qualls Family Law
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Prenuptial agreements in Orange County

Orange County has more than just a few 'real housewives," but while many women still take on the role of homemaker, the number of women entering the outside workforce has been increasing over the years. As more women begin to develop their careers, family law attorneys have been seeing a rise in the number of women requesting prenuptial agreements from their soon-to-be husbands.

In a poll of members of the American Academy of Matrimonial Lawyers, 46 percent of lawyers surveyed said that they had seen a significant increase in the number of women who initiated a prenuptial agreement, which may be attributed to women having higher incomes and higher earning capacities than in the past. Sixty percent of divorce attorneys also noted that they had seen an overall increase in prenuptial agreements in the past three years. One attorney believes that the increase in prenuptial agreements can be attributed to people's higher level of awareness about the divorce rate in the U.S. Most attorneys recommend that parties discuss the prospect of a prenup prior to marriage, even if they may find it uncomfortable.

The poll of American lawyers listed the top three items that lawyers claimed to have commonly seen in prenups in the past three years: 80 percent cited protection of separate property; 77 percent of respondents cited alimony and spousal support ; and 72 percent of respondents cited division of property.

Those who are considering obtaining a prenuptial agreement should note that family court judges are not required to enforce all of the terms of an agreement if the terms provided are somehow contrary to public policy or unrealistic. A family law attorney may help two parties prepare a prenuptial agreement with adequate provisions that would be more likely to withstand judicial scrutiny in the event of a divorce.

Source: Pittsburgh Post-Gazette, "More couples saying 'I do' to prenups", Tim Grant, October 31, 2013

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Kevin Qualls Family Law
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