‘Tis the Marriage (and Pre-nup) Season

Attorneys are reporting an increase in interest in prenuptial agreements as the “marriage season” approaches.

The following is from Kathleen Pender, Planning to get married? Who has the info on prenups? I do., SF Chron., May 4, 2008:

There are no reliable figures on how many couples enter into prenuptial agreements, but attorneys say their numbers are growing as more people marry later in life and multiple times.

San Francisco family law attorney Stephen Ruben sees more Baby Boomers entering into such contracts after marriage – known as post-marital agreements – as their parents die. “They want to preserve their inheritances so it doesn’t go to their spouse. They want it to remain within the bloodline,” he says. * * *

“Everybody ought to consider one. In the process, they will learn what state law says about property rights once they marry,” says Katherine Stoner, a family law attorney in Pacific Grove (Monterey County) * * *

You should definitely consider a prenup if:

• You’ve been married before, especially if you have children.  * * *
• You have substantial assets. * * *
• You started a business before marriage. * * *
• One partner has a big debt.

Special thanks to Joel Dobris (Professor of Law, UC Davis School of Law) for bringing this article to my attention.