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Modern Estate Planning Blog

Elder Law & Special Needs Planning

Do You Need a Prenup Lawyer in Sacramento?

August 12, 2013

When we think of visits to a Sacramento prenup lawyer, it’s likely that we’re thinking about celebrity marriages or perhaps extremely wealthy families. Sure, there are reasons that the super-rich of Sacramento would be foolish not to create a prenuptial agreement; but they’re not the only ones who should be considering this kind of contract. According to the LA Times, there are at least six situations in which a couple should consider a prenup.

For example, if one of the potential spouses has significantly more assets than the other, it may be wise to protect them through the use of a prenuptial agreement. This is what most commonly comes to mind when the topic of prenups comes up. Keep in mind, too, that creating the agreement is not necessarily about keeping the other person from getting anything in case of a divorce. Rather, it helps outline what kind of shares each would be entitled to.

Along the same lines, if one spouse has a much higher income than the other, some limitations may need to be placed on what becomes of that income should a divorce happen. In that case, the Sacramento prenup lawyer can help outline things like alimony (spousal support) to ensure that the lesser-earning spouse is not left helpless or that the higher-earning spouse is not completely taken advantage of.

In some cases, one partner comes into a relationship with a large amount of debt. While the couple may be willing to work together to pay that debt off, they also might agree up front that if the marriage doesn’t survive, the person who brought the debt to the relationship should also be the one to leave with it.

Speaking of leaving marriages, another situation in which you might want to contact a Sacramento prenup lawyer arises if you are getting married for a second or subsequent time. This becomes even more important when there are children involved from the previous relationships. The prenup can be used to determine who is expected to pay for what when it comes to the children, both in the marriage and should it end in divorce. This can also be used to help dictate who gets what in case of the death of one parent, although the best approach here is to hire a Sacramento estate planning attorney.

An inheritance that you have received, however, could certainly be an integral part of a prenuptial agreement. When you receive an inheritance, it’s considered yours alone. This gets pretty complicated when it comes to keeping assets separate, especially in the case of a home that the couple shares after it was inherited by one partner. A prenup helps to navigate this path.

Finally, if there is a business (or more than one business) involved, it just makes sense to create a prenuptial agreement. Not only does this keep the business from being dismantled during a divorce, but it can also protect the “non-owner spouse” from the company’s liabilities.

In addition to all of these situations, there is one other reason to consider a prenup.  Many couples go into marriage without spending a lot of time understanding their current financial situation, let alone with it might look like in 5, 15, or 25 years. A prenup lawyer can help a couple to get themselves on the same page about finances long before money ever become a problem in the marriage. The attorney will help you look ahead to consider things that might never have crossed your mind.

Talk to A Professional About Creating a Prenuptial Agreement in Sacramento

To determine if a prenuptial agreement is a wise choice for your pre-marital situation, please feel free to give our Fair Oaks law firm a call at (916) 241-9661 and ask to schedule a Peace of Mind Planning Session ($750 value) with the mention of this article.

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