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Is there any reason not to ask for a prenuptial agreement?

If you want to create a prenuptial agreement before you get married, it is important that you spend an adequate amount of time understanding the full implications of what you are considering -- before you ask your intended spouse to sign one. Prenuptial agreements are not automatically successful, and they need to be written out in a way that's fair to both parties.

While it is likely that you are aware of the obvious benefits of a prenuptial agreement, it is important that you are also aware of the potential disadvantages of having one before you take action. Most people can benefit from a prenup. However, you can't really tell if you're among "most people" until you look at all the potential consequences.

Here are some ways a prenup could actually complicate your life:

Creating a lack of trust in your relationship

By having your fiance sign a prenuptial agreement shortly before your marriage, a lack of trust may creep into the relationship. Your fiance may worry that you are actually anticipating a divorce in the future -- or aren't really committed to the marriage -- and this could lead to marital problems.

Inheritance rights could be invalidated

If you or your spouse passes away, inheritance rights of marriage may no longer apply because of the prenuptial agreement. This could leave your spouse without financial benefits you want him or her to have.

Prenuptial agreements can be disputed

Although prenuptial agreements can be very thorough and address every possible scenario. It is possible for them to be successfully contested and invalidated in the event of a divorce -- especially if they're unfair or unreasonable.

If you are considering creating a prenuptial agreement, it is important that you talk to your fiance about this. By doing this you can ensure that you are both in agreement that a prenup is wise and you can be confident that it will not negatively affect your marriage.

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Daprile-Bell Family Law Offices

Daprile-Bell Family Law Offices
1224 Lincoln Avenue
San Jose, CA 95125

Phone: 408-918-0920
Fax: 408-918-0925
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