Money, it is widely believed, keeps people in touch. However, the last thing one wants from his/her divorce is keeping in touch with the ex-spouse. Yet, unwise decisions made prior to marriage, especially second and third marriages, guarantees keeping in touch with the ex-spouse.
When I suggest to clients that they may want to consider the protection of a Pre-Marital Agreement, they graciously object and say, “Oh, we don’t need that. We love each other.” I try to get them to reconsider by citing research that indicates that there is a high rate of divorce in subsequent marriages. However, my advice usually falls on deaf ears.
Our State Legislature believed that Pre Marital Agreements were sufficiently significant that they set forth rules and guidelines in sections §1610 through §1617 of the Family Code. Failing to avail yourself of the benefits of these laws will result not only in the unnecessary transfer of your wealth to your attorney, it will also result in unnecessary ongoing entanglements – keeping in touch – with a prior spouse which will not enhance the relationship with the present spouse.
Pre-Marital Agreements are enforceable in California and produce numerous financial protections. However, the greatest benefit is the avoidance of ongoing entanglements of keeping in touch with a prior spouse which inevitably result in the threat to your relationship with the new spouse.
If you or your spouse has filed for divorce, it’s important you retain an experienced attorney to help your through the process.