For any number of reasons, a couple may choose to enter into a contract prior to marriage to deal with issues which may arise at the time of divorce or marital dissolution. We call these marriage contracts Prenuptial Agreements, Prenuptial Contracts, Premarital Agreements, or “Pre-Nups.” The content of such a contract may require a prenuptial agreement lawyer and can vary greatly depending on the needs and goals of the parties.
Considerations for Prenuptial Agreements
Prenuptial agreements make sense for some situations and not others. One common misconception is that these agreements are only needed by wealthy individuals. The truth of the matter is that they can be beneficial for anyone from any social/economical background. Below are a few cases in which prenuptial agreements may be considered:
- Establishing a set of rights and duties for property (can be pre-marital property or marital property) and finances obligations
- Own a business
- If either party carries a significant amount of debt
- When one or both parties’ own real estate
- Already or expecting to inheritance
- Having more than $50,000 in assets (excluding real estate)
- If you or your spouse is expecting a sizable increase in wages
- Have been previously married or have children from another arrangement
Benefits of Prenuptial Agreements
Some of the benefits that come from these pre-marital agreements include:
- Giving each party the confidence that their partner is entering a marriage for the right reasons
- Agreeing to have a candid and transparent conversation about financial matters
- Provides an appropriate situation to discuss issues that may arise in the future
- Can help formalize disputes over property or assets in the event of a divorce/marital dissolution
These agreements can be very valuable in streamlining and simplifying the issues in the event of a dissolution and allow parties to agree on their own rules which will govern such issues as property division and characterization. While the subject of a Premarital Agreement may be uncomfortable, these contracts can save one a lot of time and heartache in the event of a divorce / marital dissolution. The law related to Premarital Contracts or Agreements is specific and complex, so it is important for both parties to have knowledgeable counsel in drafting and negotiating the contract.
Contact Bremer Whyte’s prenuptial lawyers in Orange County, Los Angeles, San Diego, Oakland, Reno, Las Vegas, and Phoenix can help navigate you and your spouse through this process.

