Prenuptial agreements, often simply referred to as prenups, are legal documents that outline how a couple’s assets will be divided in the event of a divorce. They are a vital tool for protecting one’s assets and can provide a sense of security for both parties entering a marriage. Despite their importance, there are several myths and misconceptions surrounding prenuptial agreements that can create confusion and hesitation. The Prenuptial Agreement Attorneys at Irwin & Irwin, encounter myths frequently and feel it is important to address some of them to provide clarity for those considering ..read more

If you’re ending your marriage, you’re likely wondering what will happen to your assets, specifically, your pension. Under California law, a pension earned by one partner is generally considered to be community property, which means that it may be subject to division during the divorce process. That may not be the ideal outcome for you or for your spouse. However, there are ways you can protect your pension throughout the divorce process. Here are some common ways you can protect your pension: 1.   Prenuptial agreement. If you have a prenuptial agreement in place, it can help protect ..read more

When a couple is planning to marry, there is often not much consideration given to what would happen should the duo later decide to get divorced. Nonetheless, a prenuptial agreement (sometimes referred to as a premarital or antenuptial agreement) is an essential consideration for any person who happens to be entering a marriage while owning their own business. It will be necessary for a person to stress that such an agreement is not necessarily some implication that the agreement signifies some level of distrust about the future spouse. Instead, such an agreement will specifically focus on ens ..read more

Prenuptial agreements, or prenups, have exploded in popularity in recent years. It’s no wonder because many Californians want to protect their hard-earned assets as they head into marriage or lay out a financial roadmap for themselves. However, before you rush to put your pen to your prenup, it’s essential to know that California law doesn’t allow certain provisions to be included in your prenup. Rather, you can include whatever you want, but unless it’s enforceable under California law and your family law judge agrees with it, it won’t be enforced if you ever need to rely on the agreement. It ..read more

If your wedding day is approaching, you might be completely wrapped up in your fairytale romance, dream day, or even how amazing your future will be together. While these are amazing feelings that should be relished, it’s also a time to think about safeguarding your assets and protecting your future—even if you never imagine your marriage ending. What is a Prenuptial Agreement? A prenuptial agreement, also known as a prenup, is a written contract between two partners before entering into a legal marriage agreement. It sets out their financial plans for marriage and in the chance that their mar ..read more

There is no denying that prenuptial agreements have a bad reputation. Many people see them as a way to focus on ending the marriage before it’s even begun, and the media hype doesn’t do these legal contracts any favors. The fact of the matter is, however, that prenuptial agreements can make good financial sense and are rarely implemented in bad faith – or as a sort of get out of jail free card. Marriage is an immense commitment, and a solid prenuptial agreement can allow both parties the peace of mind necessary to move forward with that commitment. If your spouse-to-be is on the fence on the m ..read more

Perhaps you just proposed marriage to your partner, or maybe you recently accepted the proposal, and things appear to be going swimmingly until the topic of a prenuptial agreement (also known as a premarital or antenuptial agreement) comes up. This will be a major problem because while your partner insists it is a good idea, you have many concerns. When one party entering a marriage wants a prenup, and the other does not, it could indicate deeper issues that could ultimately be a reason for calling off the wedding altogether. If that is not the outcome you want, then here are some things for y ..read more

If you’re preparing to marry, it’s an extraordinarily happy time in your life, and you probably don’t want to think too much about a prenuptial agreement. The fact is, however, that a prenup is in no way a sign that either one of you isn’t fully committed to your marriage. Instead, a prenup is simply a legal contract that provides you with a roadmap for the exceedingly complicated process that is divorce – if it ever comes to that. We know that divorce happens, but a prenup can allow you the confidence that comes from having an exit plan that you created together when you both had cooler heads ..read more

20 years ago, only about five to 10 percent of American couples executed a prenuptial agreement before tying the knot. These agreements have become increasingly popular as more people realize their benefits. Millennials are also getting married later in life, giving them more to protect as they enter into marriage. As a result, there’s been a fivefold increase in prenuptial agreements over the past 20 years. With so many benefits, it’s easy to see why it’s a good idea for engaged couples to draft a prenup agreement but are there also some drawbacks they need to consider? Do those drawback ..read more

Prenuptial agreements serve to protect specific rights of each spouse in a marriage should that marriage end in divorce. These legal agreements are entered into before the marriage and typically address areas such as each spouse’s financial rights and responsibilities in the union, how assets will be allocated between them, and how any assets and property acquired during the marriage will be managed if there is a divorce. Topics to Address in a Prenuptial Agreement Your prenuptial agreement can include as many or as few details as you need and want it to; after all, it’s yours. However, there ..read more