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Modern Estate Planning Blog

Elder Law & Special Needs Planning

Prenuptial Agreements as a Part of Newlywed Planning in Fair Oaks, CA

March 24, 2014

There are few times in life that are as exciting and full of promise as the period of a wedding and newlywed planning. People know that their wedding day will be one of the most remembered of their lives. While there is certainly stress involved in making so many decisions, there is also an underlying sense of fun.

Unfortunately, there are some aspects of newlywed planning that are not quite as enjoyable as others. Still, paying attention to things like estate planning and prenuptial agreements help to set up the marriage in a healthy way. Some people will argue against that notion, but marriage lawyers in Fair Oaks, CA have seen the benefits of this kind of preparation.

The prenup itself is a legal contract between the two parties who plan to be married. Just what is covered in the document will depend on you and your future spouse and your circumstances. For example, if this is your first marriage and there are no children involved, your needs will be different than for couples whose marriages will be blending families with stepchildren.

The idea of a prenup is generally to determine how property will be divided should the marriage not survive. It also takes into consideration things such as spousal support that might be extended and the circumstances surrounding it.

State laws vary quite a bit when it comes to prenups, so it’s really important for Sacramento-area couples to find an attorney that practices within the state. Actually, you will want to find two separate lawyers, as each prospective spouse should have his or her own representation. This is important, not just because it protects each individual’s best interests up front, but because if and when the prenup needs to be upheld, the courts are much more likely to honor it for the same reason.

Not Just for Marriages that End

One mistaken notion that many people have is that prenuptial agreements are only useful if the marriage comes to an end. What commonly gets overlooked is that it is actually a useful tool in avoiding divorce. When couples take the time to outline their thoughts about the financial aspects of their upcoming marriage, they are better able to get on the same page about money, fidelity, and other important topics that the marriage lawyers are going to bring up for discussion.

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CLIENT Story

Very professional, comprehensive service and extremely valuable. Heather and her team are very knowledgeable and we feel they have our best interests at heart. They make uncomfortable decision conversations possible and manageable. Working with Heather we were able to focus our attention on important issues that we questioned or purposely avoided for too long. Now that these questions are answered and our family is covered, it's a wonderful feeling.
Christine

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