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Modern Estate Planning Blog

Elder Law & Special Needs Planning

Sacramento Newlywed Planning and the Prenuptial Agreement

December 20, 2011

Newlywed planning can be so much fun. There’s the dress, the photographer, the caterer, and the flowers. One area that can get overlooked, however, is the prenuptial agreement. Sure, it might not seem like as much fun as tasting cakes and picking your first dance song, but it is something that needs to be considered in the midst of the wedding preparations.

A skilled prenup lawyer in Sacramento or El Dorado County can help you quickly and effectively put together a prenup that fits your specific situation. We may not all come from Kardashian-type money (do you bet she’s glad she had a prenup?), but there are good reasons to create this contract with your spouse-to-be.

Some of the most common aspects of a prenup in California include things like how to divide up property or whether or not there will be spousal support in the event that the marriage should break up. Some couples choose to add terms that further outline what will happen in various circumstances. For example, spousal support may not be extended if the couple divorces because of one partner’s infidelity.

The best approach is for each partner to hire a separate marriage lawyer to ensure that both of their interests are being considered in the prenuptial agreement. This can become just one aspect of newlywed planning, adding it to the to-do list in between ordering the wine and choosing the tuxes. While there is already a lot to do during this time, making it an essential part of the wedding planning process simply turns it into one more item to be checked off as you complete it.

Your prenup lawyer will have plenty of good advice for you and will make the process as quick and easy as possible. Laws in California can vary from those in other states, but some of the most likely things the prenup lawyer will advise you about are the fact that both parties must voluntarily sign the prenuptial agreement (no one can be forced into it), it must be in writing, both parties must fairly disclose their assets, etc.

If you are concerned that your prenup could take some time to negotiate, then it is important to be in touch with a prenup lawyer well in advance of the wedding day. There isn’t typically a rule regarding how long a prenup must be signed before the big event, but putting it off until the last minute can throw a stressful monkey wrench into your plans.

In some states, registered domestic partners also have the option of entering into a prenuptial agreement. This can create a few tax questions, so it is again very important to turn to an experienced prenuptial lawyer in Sacramento or El Dorado County to ensure you are following all applicable laws and provisions.

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My wife and I have some quite large complexities both in our individual preferences and the construct of our life. When planning for our trust, Heather took the time to hear EVERYTHING we said. The trust which Heather formed for our family took all our concerns into account. When everything was said and done, we received a trust which, by design, is extremely personal to our circumstance. We also are delighted to have Heather to be part of our team of advocates to help when the time comes.

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