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Advantages of a prenuptial agreement

Couples in California may wonder whether they need a prenuptial agreement. There are a number of reasons that it may be a good idea. Many marriages do end in divorce, and without a prenuptial agreement, a person may be responsible for a portion of an estranged spouse's debts for years.

A prenuptial agreement also sets out the terms of a breakup in a neutral manner and can make a divorce more efficient. While it will not necessarily be less painful, at least couples do not have to hash out the terms of the divorce in the midst of emotional turmoil. With a prenuptial agreement, arrangements can be made while both parties have cooler heads.

While some people may feel a prenuptial agreement seems mercenary, in fact, it reassures both parties that neither is marrying the other for their money. A prenuptial agreement is practical and can take the pressure off couples once they have already dealt with the possibility of their relationship ending. A prenuptial agreement may have no disadvantages, and it might have many advantages.

Individuals who are facing a divorce with a prenuptial agreement may have a less costly and quicker split than those who do not have one. However, in some cases, a prenuptial agreement may be challenged by one party. If the prenup has been carefully prepared with the assistance of attorneys, it may not stand up to a challenge. Those who do not have a prenup might still be able to negotiate division of assets amicably without going to court although each might prefer to have their own attorney to ensure that a neutral party is looking after their interests. Whether or not couples have a prenup, if there are children, they will need to discuss child custody and visitation.

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