Removing The Stigma From Prenuptial Agreements In San Bernardino

According to the U.S. Census, the median age for men and women to marry in 1960 was approximately 22 and 20, respectively.

Last year, those ages swelled to 30 and 28. And that is not the only thing that has changed.

Since Americans are getting married later, they are accumulating more experience, more assets — and more debt — before marriage, which has contributed to prenuptial agreements becoming more popular in California over the past decade.

Prenuptial agreements used to carry a stigma that implied one half of the couple held all the financial power and was not willing to share it with their spouse, should they divorce.

Now, prenups provide a clear understanding of each soon-to-be-spouse’s financial standing and allow each person to plan both separately and together for their futures.

Protecting your financial interests may not be the most romantic conversation, but it is an intelligent one. Prenuptial agreements do more than protect an inheritance, business interest acquired income, or 401(k) and stocks to date. They also protect each person from accumulating the other’s individual debt, like excessive student loans, they may bring into the marriage.

At the Law Office of Joyce Holcomb, our San Bernardino prenuptial agreement attorney believes that prenuptial agreements are intended to provide each person with full disclosure of their spouse’s financial standing, so there are no surprises going forward.

Transparency is the cornerstone of trust, and our prenuptial agreement lawyer in San  Bernardino County will provide the legal representation you need to protect your interests now and going forward, so you can say, “I do” with confidence.

What Is Included In California Prenuptial Agreements?

Properties involved in a California prenuptial agreement can include obvious components like current earnings or bank account balances each spouse is bringing into the marriage.

They can also include future inheritances or assets for one party’s children from a previous relationship, so they are separate from the new relationship’s financial agreement.

Other common prenuptial agreement items can include:

  • Business interests or partnerships
  • Debts
  • Earnings
  • Financial interests
  • Income
  • Real estate

What Cannot Be Included In A San Bernardino Prenuptial Agreement?

The guidelines within the Uniform Premarital Agreement Act has applied to all California prenuptial agreements since 1986, and states what can and cannot be included in a prenuptial agreement.

The terms that cannot be included in a prenuptial agreement include:

  • Any requirements for one spouse to commit illegal acts
  • Anything regarding child custody or child support
  • Non-financial requirements or terms regarding the relationship
  • Unfair, unjust, deceptive or exploitive terms

Spousal maintenance requirements can only be included in the prenuptial agreement if both parties have retained independent counsel before signing the agreement.

What Does It Take To Complete A California Prenuptial Agreement?

Prenuptial agreements are designed to provide complete transparency for both people.

The following items must be part of the finalized agreement:

  • Lawful terms within a written contract
  • Complete financial information from both parties
  • Signatures from both parties
  • Signed voluntarily without deceit, duress, coercion, or intimidation
  • Notarized document

If only one attorney has been retained to create the prenuptial agreement, the other party has at least seven days to have the document reviewed by independent legal counsel before signing.

Prenuptial agreements are not designed in anticipation of divorce. They are designed to provide full financial transparency that strengthens the relationship and the marriage now and going forward.

If you have questions about creating a prenuptial agreement, contact our San Bernardino Certified Family Law Specialist at the Law Office of Joyce Holcomb at (909) 889-7111 to discuss the details involved in outlining a legal financial contract for both you and your soon-to-be-spouse today.

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