I may be the first lawyer to talk a potential client out of a prenuptial agreement.
Potential client was about to marry her second husband. They both have significant property. Houses and bank accounts.
I explained that property from before the marriage is her separate property and property accumulated during the marriage is community property (belonging to both spouses). In a nutshell, a prenuptual agreement would prevent community property from accumulating during the marriage. But my potential client did not really care if community property accumulated, as long as her pre-marriage property remained separate.
The prenuptial agreement that listed all the separate property could still be helpful in case a divorce ever occurred, so there would be no dispute that those items were separate. But I think my client was reassured that she didn’t need a prenuptial agreement, at least not as much as some friends told her that she did.
And that’s how I seem to have talked somebody out of a prenuptial agreement.
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