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San Jose Divorce Lawyers / Blog / Prenuptial Agreements / Tips For Approaching Your Partner About A Prenuptial Agreement In San Jose

Tips For Approaching Your Partner About A Prenuptial Agreement In San Jose

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Getting engaged is a major life event, and in the aftermath, you are likely facing a flurry of preparations. Picking out wedding venues, selecting everyone’s attire, and attending to other details involved is time-consuming.  However, post your engagement announcements and prior to the big day and saying, “I do,” there are some important practical issues you need to address.

Creating a prenuptial agreement should be at the top of your list. Unfortunately, it still carries mistakenly negative preconceptions for some people. Our San Jose prenuptial agreement lawyer outlines the many benefits and offers tips on how to approach the topic of creating one with your partner.

Getting A San Jose Prenuptial Agreement Can Strengthen Your Marriage

Prenuptial agreements tend to get a bad rap. Asking for one is often mistakenly thought to indicate doubt over the relationship or the future of the marriage, but nothing could be further from the truth.

Under the California Family Code, a premarital agreement does provide protection in the event you decide to get a divorce in San Jose. It outlines each person’s rights regarding marital property,  assets and income, which is important when living in a community property state.

Outlining individual property rights helps ensure both parties are protected. However, getting a San Jose prenup provides many other important benefits, which can actually help to strengthen your marriage and reduce the risk of divorce. These include:

  • Provides full disclosure on each individual’s assets and debts, preventing any unpleasant surprises further down the line;
  • Allows for open communications about money, one of the most common things couple’s fight about and a leading contributing factor in the decision to end a marriage
  • Clarifies financial goals and the standard of living each party expects during the marriage;
  • Provides estate planning benefits, supplementing a will and other important documents.

Approaching The Topic Of Prenuptial Agreements

Prenuptial agreements were once thought to indicate doubt about your partner or the marriage, but a 2024 Kiplinger report claims increasing numbers of couples realize that this is nothing more than a myth. Particularly among younger people, who may have started their own businesses and bought homes or other properties, using a prenup is purely practical. Plus, there is no denying that the divorce rate is grim.

So how do you bring up the idea with your partner? Our San Jose prenuptial agreement lawyer offers these tips:

  • Schedule a time when you both are relaxed, such as after dinner;
  • Explain that a prenuptial agreement is something that you think, as a couple, should be considered;
  • Share the above benefits with your partner;
  • Allow them time to think it over and encourage them to get legal guidance.

Discuss Your Options With Our San Jose Prenuptial Agreement Lawyer

Neither you nor your spouse should feel pressured to enter into a prenuptial agreement in San Jose, but it is something you should not ignore either. To discuss more about it and the potential benefits, contact Argyris Mah, LLP. Schedule a consultation today with our San Jose prenuptial agreement lawyer.

Sources:

leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAM&division=4.&title=&part=5.&chapter=2.&article=2.

kiplinger.com/personal-finance/family-savings/prenups-what-to-know

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