Prenuptial agreements can lead to very tenuous discussions. Often stigmatized as a sign of lack of trust in a future spouse, people often forego them despite their many safety nets.

Not everyone enters a marriage thinking they'll divorce their spouse later. However, there have been very real instances where relationships can sour, and circumstances change. A prenuptial agreement can save you from many future complications should your marriage, unfortunately, end in a divorce.

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Why California Prenuptial Agreements Are Good Personal Safety Nets

Here's what prenups are for and why most California Family Law Attorneys think you should get it:

Will You Have A Easier Time With The Divorce Process?

The distribution of any trusts, wills, or inheritances in the case of death may be decided through a prenuptial prenup. Thus, the prenup might specify the percentage of marital assets that will go to the surviving spouse and their heirs.

Prenuptial agreements in California are advantageous for second marriages or marriages later in life since they can significantly reduce the expense of legal bills incurred during probate or divorce proceedings.

Can You Reduce Problems With Spousal Support?

Spousal support may be waived or limited by a couple in the event of divorce; however, there are restrictions that the waiver cannot be unfair.

For example, a judge would think twice before implementing a prenuptial agreement if one spouse had far more wealth and income than the other at the time of the prenup. This is because, in the event of divorce, the other spouse would be left penniless due to the absence of spousal support after the marriage ends.

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But if the parties' incomes were comparable at the time of the arrangement, the judge will probably uphold it because it will be assumed that it wasn't made to leave one spouse with nothing in the event of a divorce.

If you're still unsure about getting a prenup, consult with a  family law attorney in Los Angeles. Your attorney can look at your current status and advise you on your best options.

Can Child Support Be Waived In California Prenups?

Any agreements that restrict or waive child support or custody rights in the case of divorce are forbidden in California. Such agreements go against the general policy of evaluating what is in the child's best interests.

Furthermore, the right to receive child support belongs to the child, not the parents. Hence, the former cannot revoke the latter.

Can Prenups Be Used To Agree On How To Raise Your Children?

Agreements to raise children by the teachings of a specific religion are not enforceable, just as premarital agreements may not seek to impose moral or religious conduct limitations on the couple during the marriage.

This isn't done to hinder religious upbringing; instead, it's done so that the courts won't get involved in the argument over what constitutes appropriate exposure to one spouse's religion and what constitutes unacceptable indoctrination.

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