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Easing a California divorce with a prenuptial agreement

When people in California and across the country make the decision to say "I do," they likely think the most important decisions facing them is what wedding dress to wear and what food to serve at the reception. However, some couples choose to think more long-term, including how assets and debts will be divided in the event of a divorce. These couples often choose to create a prenuptial agreement.

Though prenuptial agreements are often associated with people who have a great deal of wealth, such legal documents can actually benefit a variety of different people. Without some sort of agreement in place, property will be divided according to state law. Though one goal of creating a prenup may be to protect assets, that's not its only purpose.

Other potential purposes of a prenup include protecting one party from being held responsible the other person's debt as well as clarifying financial roles during the marriage. They can also detail how property will be divided upon death. This can be especially important for a person who has children from a previous relationship who wants his or her property to be passed to those children rather than the current spouse.

For many couples, having a conversation about the creation of a prenuptial agreement can be awkward or difficult. However, it can be one of the most important conversations a couple can have. Though they are accepted in all states, they will likely be scrutinized by the court at the time of a divorce to determine that the conditions are fair and neither party was coerced to sign. Because of this scrutiny, many people in California want an attorney with experience with family law to review their document to ensure they it will hold up in court.

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