Pre-Nuptial and Post Nuptial Agreements in San Diego California

San Diego CA Divorce Lawyers – Family Law Attorneys

Pre-nuptial and post nuptial agreements are contracts that soon-to-be-married or married couples enter into that define the terms that would bind a dissolution of marriage should this action be taken at some point in the future. There are two different perspectives one can adopt concerning these agreements, and both of them have their merit. The more cynical way of looking at it is that asking your future or current spouse to sign such an agreement is tantamount to saying that you feel as though a future breakup is inevitable and you want to make sure that “what is your stays yours,” as it were. Some would say that this kind of flies in the face of the idea of true partnership and lifelong commitment. On the other hand, it could be argued that a pre-nuptial or post nuptial agreement is a selfless act that is intended to make sure that each partner is fairly provided for in the event of a dissolution of marriage.

To consider the pros and cons of these agreements pragmatically you have to take a look at divorce statistics. Estimates vary, but is safe to assert that upwards of 50% of all marriages in the United States end in divorce. It is also safe to say that a great many of those people would have benefited if they had a pre-nuptial or post nuptial agreement in place. Right off the bat a couple who has an agreement in place is going to avoid legal fees. They are also going to avoid the stress and acrimony that comes with a contentious divorce. And it is very likely that the terms of the agreement are going to be fair and agreeable to both parties since it was entered into when they were in love and harboring no animosity toward one another.

Here’s another perspective that debunks the notion of pre-nuptial or post nuptial agreements as romance killers that imply lack of commitment. When a couple has no such agreement in place, they may stay in a marriage that they are not happy with because they are afraid of the potential financial consequences of a dissolution of marriage proceeding. That doesn’t sound very romantic. But when one of these agreements is in place, you can rest assured that your partner is remaining in the marriage for the right  reasons.

For more detailed information about pre-nuptial and post nuptial agreements, contact a San Diego CA  family attorney to arrange for a free consultation.