My current location: San Jose, CA | Change location
Featured Legal Services
Law Offices of Robert J. Tennant Offering legal representation to clients in the San Jose area. Call today!
(408) 866-4292

Is a Prenuptial Agreement Right for You?


by Shae Irving & Katherine E. Stoner, Attorney-Mediator

These steps will help you decide whether a prenuptial agreement makes sense for you.

Whether to have a prenup is as personal and unique a decision as whether to marry in the first place. Here are a couple of things you can do to figure out whether a prenup is what you need.

Consider the Pros and Cons

Before getting to the specifics of your own situation, it can be helpful to look at the general pros and cons of making a prenup. We'll look at the good news first, then a few downsides.

Prenup Benefits

Making a prenup can:

  • protect your separate property
  • support your estate plan
  • define what property is considered marital property or community property
  • reduce conflicts and save money if you divorce
  • clarify special agreements between you, and
  • establish procedures and ground rules for deciding future matters.

In addition, creating a prenup may actually strengthen your relationship. While people often imagine that negotiating a prenup is potentially divisive, communicating about money matters can actually improve the quality of your relationship and support good communication in your marriage. Even if you don't end up signing a written agreement, just sitting down and hashing out the basics about money and property can eliminate misunderstandings that might otherwise create conflict. Remember that sooner or later you and your intended will be talking about money. If you think you can handle it, most psychologists and legal experts would tell you there's no time like the present.

Disadvantages of a Prenup

While there is a lot to be said for a carefully considered, clearly written prenup, there are some downsides to consider.

It's not romantic. Let's face it, a prenup is not romantic. Being engaged conjures up images of candlelit dinners and walks in the moonlight. Although marriage is a financial partnership as well as a romantic one, if you feel that discussing something as mundane as property and finances, as well as the possibility of divorce, will mar an otherwise beautiful time of your lives, you may not be candidates for a prenup.

Copyright 2007 Nolo

Featured Legal Services
Dominion Law Group, LLP
Dominion Law Group, LLP Serving Santa Clara County www.dominionlaw.com
Experienced, Aggressive Representation in all Aspects of Family Law. Free Initial Consultation and Case Analysis.
(408) 288-5592
Sponsored Services
Need a Family Lawyer? Find one fast with LegalConnection.
A better way to find your attorney.
More Sponsored Services
Ask A Lawyer Online Now - JustAnswer.com
A Lawyer Will Answer You ASAP. Anytime, Any Day of the Week.
USLegalForms.com - Largest Selection of Legal Forms on The Internet:
Download more than 50,000 state-specific legal forms. Real estate documents, power of attorney forms, wills, employment contracts, divorce and separation agreements and much more.
Wills, Divorce, Incorporation & More - Legalzoom:
Fast and friendly legal document service from LegalZoom, the #1 online legal document service