
Jane A. Ryan
Attorney at Law
3000 T Street
Suite 105
Sacramento, CA 95819
ph: 916-455-1718
fax: 916-736-3130
info
CONGRATULATIONS... not only on your impending marriage, but on taking the time to look into PRENUPTIAL AGREEMENTS. Marriage has changed a lot over the years: Nowadays, both men and woman are waiting until they are older before getting married for the first time, and getting married a second time is commonplace.
That means that folks entering marriage today are very likely to have accumulated significant assets: Retirement plans, IRA's, 401ks, savings, stocks, real estate, a professional practice or small businesses -- even children. Many are also anticipating an inheritance or are worried about debts their fiance will be bringing into the marriage.
Unlike community property and probate laws which take a "one size fits all" point of view, a PRENUPTIAL AGREEMENT is a very flexible document that lets you make your own rules about financial matters in the event of divorce or death.
And because a PRENUP can be drafted to clearly state your rights and obligations in the event the worst-case scenario occurs, having a PRENUP helps take the worry out of marriage.
BUT PERHAPS MOST IMPORTANT OF ALL.... As you and your fiance discuss the terms and provisons of the PRENUP and exchange personal information, not only about your finances, but also about your hopes and dreams for the future, you help create an atmosphere of honest and open communication that will carry over into your marriage and make it even stronger than it otherwise would have been.
The sad truth is, many divorces occur simply because people entered into marriage with all sorts of unstated assumptions and "hidden agendas" that, when finally brought out into the open, often cause disappointment and discord. In a very real sense, a PRENUP allows you the luxury of "hindsight," only in advance when you can truly benefit from it.
PRENUPTIAL AGREEMENTS: an idea whose time has come.
Although there are a myriad of ways to structure PRENUPTIAL agreements, all PRENUPS have the same general purpose: To alter the legal rights of the parties.
If you are happy with California law regarding community property, spousal support (aka: alimony), and probate, and don't mind having your property and assets controlled by them, then you probably don't need a PRENUP.
If, however, you have other ideas about how you would like to see your property distributed in the event of divorce or death, then a PRENUP is probably what you're looking for.
3000 T Street
Suite 105
Sacramento, CA 95819
ph: 916-455-1718
fax: 916-736-3130
info