Ewaniszyk Law Firm Serving California’s Legal Needs Since 1986

Prenuptial agreement can protect assets of older Californians

Ahhhh. Young love.

Ahhhh. A bit older love.

Both are wonderful, but when you say "I do," there is a difference in things that concern the two demographics in California. Younger couples think about the future. Older couples? They think about the future. And the past.

People who bring children from previous relationships into their new marriage often will turn to a prenuptial agreement to make sure their investments are protected -- and other funds that will be their children's money one day .

One future spouse might see a request for a prenuptial agreement as a signal that the relationship could be headed for trouble. But it could provide the security that both partners find as assurance for the future.

These agreements aren't only for those with a huge portfolio or big bank account. Instead, a prenuptial agreement can guarantee that things such as personal property – maybe Grandma's jewelry, antiques or the family home the kids grew up in – wind up in the hands of the children and not a new spouse in a divorce.

While a prenuptial agreement is not a will, it does give direction on where your assets should go if a partner dies during the marriage.

Though accounts through brokerages or mutual funds usually have designated beneficiaries, that doesn't mean the beneficiary the account owner specifies always gets the money. The prenuptial agreement will ensure it.

While we often think of prenuptial agreements benefiting only the spouse who brings considerable assets into a marriage, it also can benefit the spouse who has far fewer assets at the time of marriage. That spouse could be left with nothing if the marriage breaks up without a prenuptial agreement.

Yes, it is a tough topic to broach with a future spouse, but it is necessary – especially if you have children. Even grown ones.

Should both parties agree on a prenuptial agreement, they should have separate legal representation to make sure the best interests of each person are protected.

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