Orange County Divorce Lawyer Blog

If you are considering getting married soon, perhaps implementing a prenuptual agreement may be something you should consider to protect your assets in the event of an Los Angeles County or Orange County divorce.

At any rate, here are 5 tips to assist you in planning a prenuputual agreement (which can also be found here):

Five tips for planning a prenuptual agreement:

1. Do it long before the wedding. Get the agreement as early as six months to a year before a wedding date to ensure that both parties have had time to review it. Last-minute contracts are harder to enforce.

2. Step out of your emotions. The emotional roller coaster of falling in love and wedding planning can distort reality. Getting objective feedback can help separate what is real and what imagined. "My husband likes to joke that we lose 100 IQ points when we are falling in love," says a therapist. "It's called emotional flooding and we can learn to manage those emotions."

3. Use your taxes as an excuse to talk about money. "Right now we are in tax season, so it's a great time to look at finances," "Look at each other's returns as a way into the conversation. It can feel threatening, but it is important to have the uncomfortable conversation now, rather than later in a time of crisis."

4. Make your agreement reasonable and enforceable. If you are preparing a prenuptial contract, establish your goals and don't include fault clauses (like "If you cheat on me, you owe me $1 million"), advises a family law attorney. The goal is to have a contract that is enforceable and provide each spouse with a sense of exactly what they are getting if the marriage ends.

5. Research your state's law regarding marriage and property. Marital property laws differ from State to State. For instance, California is a community property state.

Contact an Orange County divorce lawyer for more information on drafting a prenuptual agreement.

Source: 5 tips on planning a prenuptial agreement

In order to avoid the pitfulls of divorce and consulting a Los Angeles County or Orange County divorce attorney, I came across a recent article on things to consider prior to getting married. Certainly, you do not want to plan for your divorce while you are planning for marriage, but it's really not a bad idea. With the spike in the divorce rate in Orange County and its surrounding cities, such as Costa Mesa and Huntington Beach, here is some food for thought prior to tying the knot.

Do you know ANYONE who is planning marriage? Are they getting good pre-marital counseling, which includes financial counseling? If not (or perhaps even if they are), send them to this post. This Three Step approach is meant for them.

Step One: Take This Quiz
Print out two copies of the following questions, then each of you answer them in writing. Do this in separate rooms or separate houses; just be sure to take your time and think through each answer.

How would you prioritize the following choices: getting out of debt, paying off house, investing for retirement, establishing an emergency fund?

How much money would it be OK to spend without discussing it with my spouse?

Do you think, upon marriage, you two should have separate checking accounts or joint accounts?

How would you feel about borrowing money from parents?

Do you currently balance your check book?

Upon marriage, which of you should balance your check book?

Do you currently live on a written budget?

How much debt do you currently have? What kind of debt?

How much debt and what kind of debt would be OK in your marriage?

Are you in favor of a pre-nuptial agreement? If you answered "Yes", explain your answer.

What is your credit score?

Have you ever NOT paid your bills?

Have you ever co-signed a loan? Had a loan co-signed?

Upon marriage, what would your short term financial goals be?

Upon marriage, what would your long term financial goals be?

What is the stupidest thing you have ever done with money?

What financial secrets does your fiancé not know about?

Which of these three best describes you: tightwad, average or spendthrift?

Which of these three best describes your fiancé: tightwad, average, or spendthrift?