Montebello prenuptial agreement lawyers

Posted By Aaron Denton, Uncategorized On August 25, 2020

The vast majority of couples who are about to get married do not consider the possibilities of eventually getting divorced. They are too focused on the love they have for one another. In many instances, they make money along with their partners and any eventual divorce proceeding would be handled without disproportionately harming one partner or the other. But for many other individuals, a prenuptial agreement is vital. An individual could have decades of their wealth at stake from any potential pitfalls in a marriage.

What is a prenuptial agreement?

A prenuptial agreement is any sort of agreement that is agreed to before marriage and dictates potential events during or after marriage. It is most common and relevant for couples who are trying to decide how assets will be divided after a marriage. The specifics of dividing assets in divorce can get extremely messy. Each party can accuse the other of illicit behavior in order to make a judge more sympathetic to their worldview.

They bring in lawyers who dig through every detail of their partner’s personal life. This effort causes an unimaginable amount of stress for each party involved. It mostly results from the fact that few couples even consider prenuptial agreements. They believe that such an agreement supposes that the marriage may not last and that any person who does not think their marriage will last should not get married in the first place.

But the prenuptial agreement is an effective way of mitigating the stress that occurs in a large minority of marriages. It is a legally enforceable document that says what each party receives if a divorce occurs. The prenuptial agreement is particularly relevant for the wealth that a person brings into a marriage before they are married. It can protect millions or even billions of dollars. Prenuptial agreements can also help determine custody battles. They are not completely airtight. But a lawyer has to bring a convincing case to a judge in order to have them thrown out or overruled.

Why is it helpful?

This document is incredibly important in order to reduce the stress and pressure associated with a potential divorce. For people who have already been divorced and are marrying again later in life, the specter of divorce is always present. They know that they stand to lose a considerable amount of assets if a divorce happens. This possibility can create a significant amount of tension in a marriage. It can color many of the disagreements that inevitably arise during even the most successful marriages. In addition, prenuptial agreements can help with marriage counseling. Individuals have less of a feeling that their life is over if they are forced to go through a divorce at some point.

What to do

Anyone who is looking to set up a prenuptial agreement should talk to a lawyer long before their wedding date. The lawyer will help them figure out what exactly they want out of the agreement. They can add in a number of specific clauses and concepts. A lawyer will help individuals realize whether or not these concepts will stand up in a court of law if the prenuptial agreement is ever challenged. If there are any issues between the partners, they should definitely try counseling.

Counseling will help them reconcile their ideas over the possibility and nature of divorce. Then, both parties end up drafting and signing the prenuptial agreement. It can later be modified to a certain degree while the parties are married. In a large number of cases, couples stay married and do not ever have to use these agreements. But if they do, they are simply entered into a divorce court and often serve as a roadmap for that court as they make decisions about dividing assets.

Conclusion

A prenuptial agreement is not a sign that a person thinks a marriage is doomed. It is not an action taken only by greedy people who want to protect all of their assets from possibly rapacious partners. Instead, it is often a logical, sensible choice for people who enter a marriage with considerable means. The most effective prenuptial agreements make it clear that both parties want the marriage to continue and be as successful as possible.