Even though a couple might not want to think about getting a divorce in California, it’s important to have some type of protection before entering a marriage. One way that each party can be protected is by signing a prenuptial agreement. However, there are some things that can’t be included in the agreement just as there are details that are commonly included.
When a prenuptial agreement is made, each party can include separate property and marital property. These details will make it easier to divide assets and to ensure that each person gets the proper items in the event of a divorce or if one spouse dies before the other. Each party can be protected from the other person’s debt with a prenuptial agreement. Children can inherit assets from the parent if the details are included in the agreement. Family heirlooms and belongings that should stay in one family can be added so that they are not given to the other party.
No illegal activity can be entered in the prenuptial agreement. In addition, the agreement can’t include details about child support or custody arrangements. One detail that is commonly assumed to be possible but can’t be added to a prenuptial agreement is a waiver of alimony rights in the event that the marriage ends in divorce. Personal details, such as who performs duties in the home, can’t be included in the agreement.
When a couple decides to get married, they might want to ensure that each person receives the proper assets if the marriage dissolves. A family law attorney may offer assistance by looking at all of the assets that each person has in order to draw up the best agreement possible. An attorney may also help distinguish how the assets are divided if the marriage does end so that there are no questions by either party.