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Prenuptial agreements, postnuptial agreements may help in divorce

The dissolution of a marriage can understandably be a challenging ordeal from both an emotional and a financial standpoint. The reason for this is that two spouses essentially have to undo years or perhaps even decades of the intertwining of their lives. However, prenuptial agreements or postnuptial agreements may help to make the divorce process easier in California.

A prenuptial agreement is a legal document that details what will happen to a couple's assets in the event they eventually get divorced. This document is completed and signed before the two individuals get married. People who are not rich and famous often do not create these types of agreements. However, the reality is that even individuals with modest means would be wise to create such agreements, as these documents can help them protect their funds and other assets if their marriage comes to an end.

Fortunately, all hope is not lost for those who are already married. Even though they cannot create prenuptial agreements, they can still produce similar postnuptial agreements. Postnuptial agreements serve the same purpose as prenuptial agreements but are simply created after the wedding has taken place. Postnuptial agreements are particularly handy when couples would like to split up their property during divorce in a manner that differs from what their state laws dictate.

Couples who lack prenuptial and postnuptial agreements at the time of their divorce proceedings can still take advantage of an alternative process to divorce litigation, such as informal negotiation. This can help them avoid the stress and animosity that often comes with going to trial. A qualified attorney in California can help with all of these processes -- creating prenuptial agreements, developing postnuptial agreements or navigating negotiation -- with the goal of ensuring that a client's best interests are protected.

Source: southbendtribune.com, "NerdWallet: Your assets don't have to be married", Liz Weston, Feb. 13, 2018

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