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Wedding planning: how a prenup can help reduce your stress

On Behalf of | Jan 19, 2022 | High-net Worth Prenuptial And Postnuptial Agreements |

California marriages that occur later in life often look very different from those that take place in your 20s and 30s. Back then, you may have been planning for college and dealing with custody and support issues during the dissolution of your first marriage. Today you may worry about protecting your business and heirs from previous relationships. A prenuptial enables you to address both of these concerns.

According to SmartAsset, a prenuptial agreement must meet certain criteria. It may be invalid if contents and circumstances do not meet State statutes and adversely affect certain aspects of your estate plan.

Factors that may make a prenuptial agreement unenforceable

Although these contracts are often helpful, several types of inclusions might invalidate them, such as the following:

  • Exploitive, unjust or unfair terms
  • Language that requires illegal acts of a spouse
  • Spousal maintenance, under certain conditions
  • Anything regarding child custody or support
  • Non-financial requirements, such as demanding a spouse keep a particular appearance

One-sided contracts rarely hold up in court. Ideally, you and your intended will sign a prenup and its benefits several months before the wedding. This may help ensure that the signing has no perception of duress associated with it.

Benefits of a prenuptial agreement

Choosing to have a prenup does not mean you believe the relationship will end. It shows that you recognize that the unexpected often happens. Prenuptial contracts are often practical planning tools that help provide peace of mind. For example, you may protect the inheritance for your children from a previous relationship. You might also address business assets, list non-marital property and plan a fair settlement in the event of a divorce.