Marriages represent, ideally, the consummation of complete love and devotion by both spouses to the other unconditionally with no time limit. Californians agreed in 2020, spending lavishly on the idea. Despite the dour sentiment, many of those couples should consider the practical prospects of how to minimize the emotional and financial impact of divorce.
First, last, and every marriage in California benefits
Under California law, prenuptial agreements must satisfy certain requirements to have validity: voluntarily agreement, not unconscionable terms, and a full, fair, and reasonable disclosure of assets to the other party. Unlike the ephemeral bliss of the honeymoon, these elements have long-term consequences for every member of the nuclear family, including those who do not sign the document: the children.
Despite having a divorce rate well-below the national average, the Golden State has blotches on its canvas. The same statement applies to those entering second marriages. Many in the latter group would likely understand at worst, and at best value (in every connotation), a prenuptial agreement. The benefits of well-written contract regarding the terms of a marriage, however, always apply.
Agreements can circumvent statutory law
In the absence of an agreement, the law has established that each person has an equal value in terms of the possessions of and the debts owed to the marriage. Prudence would encourage parties who have an inkling of concern about divorce to consult an attorney to craft a prenuptial agreement that assigns a different number to that relationship. Otherwise, a twenty-thousand day could exact an incalculable emotional, mental, and financial toll.