To Prenup or Not to Prenup – That Is the Question

Considering a prenuptial agreement prior to marriage and feel it shows a lack of trust? On the contrary, it’s a smart move.

These days, more and more Americans are opting to have a prenuptial
agreement drafted prior to marriage. “Premarital agreements, also known
as prenuptial agreements, are a smart move to protect your assets going
into the marriage,” said Gerald A. Maggio, of the Maggio Law Firm in
Irvine, California.

Once upon a time these agreements were regarded as a lack of trust
in the other party, regarding the upcoming marriage. Nowadays, those
about to be married, particularly those who are older or on second
marriages, realize the value of having a premarital agreement in place
should anything go sour later. In addition, prenups are for the
protection of both spouses, not just the one with the most money.

Are prenups “unromantic?” “Perhaps in some respects they are, but
not signing one in the State of California means the marriage would
then be governed by a convoluted set of rules known as the California
Family Code. What all this legal jargon boils down to is that either
the people planning on getting married choose their own rules to live
by, or live by the rules of the State. Most people prefer living by
their own rules,” added Maggio.

Of interest is the fact that Jewish marriages have traditionally
called for a prenup called a Ketubah. It is considered the whole
foundation of marriage in the Jewish culture. The Catholic Church also
has a similar idea, called a “Prenup Dialogue” as part of their
marriage preparation courses called Pre-Cana. The bottom line here is
that prenups prepare people for the marital journey ahead of them.
“Talking about money ahead of time may save heartache later,” explained
Maggio.

While it might cause a few moments of utter stress as the
negotiations for a prenup get started, the whole process may result in
a surprising turn of events. It may actually strengthen a relationship
in that both sides need to be brutally honest and open about how they
handle money and plan for the future. Knowing the rules going into the
marriage is far better than being surprised later by rules no one was
aware of and disagrees with as well. This only makes good common sense.

“When in doubt, make certain to have a consultation with an expert
family law attorney who will outline what is required for a prenup in
the State of California and how the prenup may be affected by
California community property law,” suggested Gerald A. Maggio, of the
Maggio Law Firm in Irvine, California.

To learn more about the Maggio Law Firm visit Maggiolawfirm.com.