Most people find that getting engaged and planning the rest of your life together with the person you love is one of the best experiences of their lives. However, it’s much more than that when it comes to protecting yourself as well as your loved one in the wake of the, dare we say it…D word…DIVORCE. This discussion is often ignored when it comes to the wedding planning because it seems too negative and like it may be bad luck but many agree that in the long run the idea of signing a prenuptial agreement may actually be worth contemplating. One main question that many ask is: “what happens if they don’t sign a prenup?” Well, the answer is pretty simple. If you sign a prenuptial agreement, then anything that you each owned before marriage and anything that you receive by gift or inheritance is your separate property upon the filing of a divorce. However, don’t forget that without a prenup anything, including your earnings from employment that you retain during the marriage, becomes community property and will be divided as well as the property that you accumulate along with your earnings also becomes community property. Another question people tend to ask is, “what can a prenuptial agreement even do?” Well, it does many things but to name a few it allows a couple to come to an agreement beforehand on many different things such as how property will be divided in the event one should pass away, it determines spousal support and it also allows the parties to determine what exactly will and will not become community property if the day should come that a divorce is filed. The next question that is usually asked is “what can a prenup NOT do?” A prenup cannot affect the rights of a child to be supported, those are provisions that are determined by the court in the best interest of the child. A premarital agreement cannot be used to intentionally defraud pre-existing creditors and it also cannot waive a future spouse’s benefits under the Employment Retirement Act. If drafted appropriately a prenuptial agreement CAN be upheld in a court of law. The agreement must be in writing and signed by both parties along with their disclosures of all assets. If you are thinking of marriage and have a ;pt pf assets in your name, play it smart, talk with your partner, and make sure that the decision you make on whether or not to get a prenuptial agreement. In the long run, it’s better to be safe, than sorry! Contact K and M Attorneys at Law today to draft your prenup!