Legal Question in Wills and Trusts in California

prenuptial agreement in California

Do I need a prenuptial agreement to protect my retirement, finances, and alternative retirement savings plan in California?


Asked on 7/24/07, 3:55 pm

2 Answers from Attorneys

Jeb Burton The Burton Law Firm

Re: prenuptial agreement in California

Well, since you did not mention marriage or specify your situation, you did not provide enough information for a full answer. The attorney's answer to this question for someone who is about to get married is generally: yes, a well drafted prenuptial characterizes future income and current property, provides protection from creditor actions against your future spouse, and serves as a shield for your assets in case of divorce. We highly recommend prenups and see it as a form of "estate planning", even though we generally do not practice family law.

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Answered on 7/24/07, 6:11 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: prenuptial agreement in California

Maybe. It depends on whether you can successfully retain your assest is separate and segregated accounts. That being said, a prenup is always a good idea, because you are most likely to be generous to our fiance' now if the marriage doesn't last than in the bitterness of a breakup. You can approach the issue with your intended that way.

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Answered on 7/24/07, 6:53 pm


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