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How to Protect Prenuptial Agreement

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In this video, estate planning attorney Paul Rabale discusses the use of prenuptial agreements for couples marrying later in life, particularly those protecting their assets. He addresses a common myth about the effectiveness of prenuptial agreements by illustrating the case of a couple, Florence and Frank, both previously married at age 63, who seek to safeguard their assets with a prenup. Rabale emphasizes the importance of understanding the limitations and implications of such agreements, particularly in the context of legal, financial, and tax considerations. The discussion aims to clarify whether a prenup truly serves its intended protective purpose in these situations.

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Got questions?

Here are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.

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What is better than a prenup?

Trusts are, in many ways, more secure than a prenup. When you create a trust, your personal premarital assets are now the property of the trust as a separate entity, rather than being owned by you.

Can I protect my house with a prenup?

In short, yes, a prenup can protect your house. Describing future assets in great detail in your prenup agreement can protect home purchases or income down the line.

How do I protect my assets without a prenup?

Can I Protect my Assets Without a Prenup? Consider a post-nuptial agreement. Keep your own funds separate. Keep your own real estate separate. Keep retirement accounts statements issued prior to and at the date of marriage.

How do I protect my assets in a second marriage?

One of the best ways individuals can protect their assets is to create a prenuptial agreement. While it is never pleasant to think about the death of a loved one or separating from a new spouse, this agreement can ease the couples anxiety should something unexpected happen.

Is a postnup as good as a prenup?

A prenup is more likely to be enforceable than a postnup if one of the signers attempts to dispute it following dissolution of the union. Divorce courts tend to presume that coercion is less likely when independent people are signing before they are actually married and have mixed their assets.

Does a prenup protect all money?

Does a prenup protect future earnings in California? In short, the answer is yes, a prenup can protect both the assets you currently own and any future wages you may earn.

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