Taking steps to prevent future divorce

Most Californians who are either planning to marry or who have already tied the knot do not want to think about the possibility that they might divorce. Unfortunately, there is always a possibility that a marriage will end. It is important for people to take steps to protect themselves in case things don't work out.

Before people, they may want to consider drafting a prenuptial agreement that clearly details the roles and responsibilities each spouse will have. In the agreement, they can also outline how their assets will be divided in the event of a dissolution. Since these agreements may be declared invalid if they contain provisions that run contrary to public policy or if they were entered into under duress, each party may find it advisable to have the assistance of a family law attorney before it is signed.

A very common contributor to divorces is disagreements over finances. To avoid this problem, couples should make certain they openly and honestly discuss their finances and budgets. Both should be involved in the process. A person should also avoid signing such things as tax forms without reviewing them. One other important consideration is keeping separate property separate from the marital property. If separate assets are commingled with joint marital assets, they may lose their protection and later be subject to division in a divorce.

Having agreements in place and taking care to keep separate property separate can significantly help in the event a marriage ends in divorce. While some people may feel that taking steps such as these means they are planning to divorce, the moves are instead simply available to protect them in the event of marital breakdown. If a divorce does occur, then dividing the marital property may be significantly easier if these steps have been followed. An attorney for a divorcing spouse may then be able to negotiate a settlement agreement that can then be submitted to the court for its approval.

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    Attorneys Paul Gavin and Wayne Dersch are certified as a family law specialists. Learn More