When couples tie the knot, they can end up putting a lot on the line in the event of divorce. For couples who bring significant assets to the marriage—whether because of marrying at an older age, owning a successful business, or some other reason—the risk may be too great and can overshadow the marriage itself. Prenuptial agreements, of course, can provide necessary protection and peace of mind so that these couples can confidently move forward with their marriage.
Prenuptial agreements can deal with a variety of issues, though there are some issues they may not deal with legally. Parties may not, under California law, make agreements which harm a child’s right to support. Agreements which prevent a party from collecting alimony are also invalid unless the affected party was represented by an independent attorney or the agreement was unconscionable—meaning fundamentally unfair. That said, prenups can deal with a variety of concerns, including how financial decisions will be made in the marriage, what assets are off the table in the event of divorce, and the choice of law that will determine the interpretation of the agreement.
One interesting new development among engaged couples is including a provision which addresses the use of social media. Most readers know that indiscriminate use of social media has unmade many a relationship. Engaged couples may find they are concerned with each other’s use of social media and may want to include some agreement concerning the rules for its use within the marriage, and how it may or may not be used in the event of divorce. Including such a provision could help couples protect their marriage. During and after divorce, it could protect their reputations.
Couples who are interested in including such a provision in their agreement should contact an experienced family law attorney and work closely with them in setting up the agreement. Doing so will ensure the agreement is well-negotiated and properly executed.
Source: Myfoxphilly.com, “Prenuptial agreements add social media clause,” June 26, 2014.