WHY DO DIVORCE ATTORNEYS RECOMMEND PRENUPS?

Why Do Divorce Attorneys Recommend Prenups?

Tim Miranda

Founding Partner

Transcript

“Why do divorce attorneys recommend a prenup? That’s a great question because that would actually make the divorce process much simpler and probably less expensive if in fact people did have prenups and if in fact people didn’t challenge prenups. What do I mean?

The majority of people in the 21st century still enter their nuptials without a prenup. A prenup is a contract. A prenup allows the people to define, before they are actually married, what they’re going to do with their property and support and other issues when they are married. That means that if they eventually get a divorce, all of it has been pre-ordained by this contract.

That sounds great except that oftentimes people disagree at the time that they’re getting a divorce with what they agreed to in the premarital contract. That means that they litigate the issue they fight about the issue and it’s not always cut and dry, sometimes it is, but the fact of the matter is that the prenup allows you and the other person to define your rights for the most part in California, so you know that if your marriage ends exactly what you’re going to get.”

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