Why Should You Sign a Prenuptial Agreement?

Prenuptial agreements define the essential binding terms in case of dissolution of the marriage. While prenuptial agreements may seem totally unnecessary during the romantic phase of your relationship, here are the top reasons why you need a prenuptial agreement before getting married.

Makes Settlements much Easier

A prenuptial agreement covers pretty much all facets of a marriage except for limitations relating to child support or child custody. Agreement terms defined before the wedding are much easier to follow and finalise when an agreement is drawn in order to avoid long legal battles during a divorce. It is important that both parties get their own legal council before signing a prenuptial agreement.

Helps Segregate Debt Obligations

The most common reason for doing prenuptial agreements is to determine a common ground regarding ownership of assets and financial liabilities. Prenuptial agreements may be used to segregate assets, debt obligations, credit card payments and sharing of expenses towards loans and other investments that are made after the marriage.

Helps Avoid any Unexpected Surprises

Prenuptial agreements save you from any unexpected surprises and provide a clear understanding of the potential consequences in case the marriage ends. It allows you to maintain separate ownership of items you owned prior to marriage so that they will not be divided in the event of a divorce. It also helps couples to know which items are jointly owned when they purchase properties or make other investments together.

Helps Protect Children from the Previous Marriage

Couples entering a marriage for the second time often opt to sign a prenuptial agreement. Clauses pertaining to responsibilities, obligations and distribution of assets to children from previous marriages can be added to the agreement. This ensures that children are well protected against any changes in assets from their parents.  

Prenuptial agreements are not just a way of declaring the ownership of family properties and assets after a divorce. A well-crafted prenuptial agreement written with a help of certified family law specialist in California helps determine your role and your responsibilities in a marriage.

Factors to Consider During Child Custody

Custody arrangement for children is a painful yet important part of a divorce process. Before you begin working with a San Jose family attorney to draw up a custody agreement, here are some factors that you must consider for the best interests of the children.

Negotiate and try to find Common Ground

Joint custody of the child is often what is decided in most situations. Talk to your soon-to-be ex about how you can effectively take turns in a shared custody arrangement with the child. Legal battles over child custody can cause an adverse impact on the child’s growth and the Court will make the final decision according to what they determine is in the best interest of the child.

Minimize all disruptions to Children

The post-divorce period for the children is a difficult phase and therefore their living arrangements must be such that there are no disruptions from school or other co-curricular activities. The child should be able to spend quality time with both parents and still be able to lead a normal life.

Ensure the “Secure” Feeling is Still Intact

Younger children often feel threatened and insecure during and after a divorce. It may help use mediator to ensure the child gets a chance to communicate and spend time with both parents. Keep the communication lines open with your ex on all issues relating to your children and their emotional wellbeing. 

Keep Your Responsibilities and Know your Rights

Remember a legal custody is different from physical custody. While reviewing the child custody statement, ensure all rights relating to the upbringing of the child such as education, relocation and medical care are clearly stated. Talk to your family law attorney to ensure you are well aware of your responsibilities, obligations and legal rights.