One of Barry Bond's many accomplishments is a precedent-setting case in which his pre-nuptial agreement was upheld. Barry had signed a pre-nuptial agreement in 1988 when Barry was making $106,000 a year for the Pittsburgh Pirates. He and his wife-to-be stopped off at Barry's lawyer on the way to the wedding. Barry's wife-to-be didn't have a lawyer, but she was accompanied by her friend from Sweden.
When they were divorced 6 years later, Barry was making $8,000,000 a year with the S.F. Giants. The California Supreme court upheld the pre-nuptial agreement, and Barry's ex received considerably less than she would have had there not been a pre-nuptial agreement.
Does this mean we advise everyone considering getting married to sign a pre-nuptial agreement (also known as a pre-nup)? No. Not all potential spouses are as tolerant of a side trip to the attorneys office on the way to the ceremony as Barry's was. Many people don't want to plan for a divorce before they get married.
Every pre-nup is unique, because the circumstances of every married couple is unique.
Who would want a pre-nup? The most common reason is that one party has substantial separate-property assets before marriage, and wants to be sure that those assets remain separate property. Business-owners may feel that they have been running the business without interference for some time, and they'd like to keep it that way. Someone with substantial earning power may not want to enrich the other spouse if the marriage terminates. Sometimes spouse who have been married before want to make provisions for their children from a prior marriage.
There are many potential reasons for entering into a pre-nup. But while many things can be included, some things, such as future child support, may be difficult or impossible to include. Call The Moreno Family Law Firm and we can schedule an appointment with one of the attorneys who is experienced in pre-nups so you can proceed with confidence.