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Getting married is an exciting moment in your life. As with many pivotal life events, marriage can come with an increase in responsibility. Marriages are deeply emotional and can involve sharing almost everything. Prenuptial agreements are a great way to ensure that you and your partner are on the same page before you get married. A prenuptial agreement is a legal document that outlines which assets belong to who. A common misconception is that getting a prenup creates an avenue for divorce. This is, however, untrue. In the best-case scenario, a signed prenuptial agreement will never go into effect. If, however, it becomes necessary, it is a great way to make sure that both parties can leave the marriage with agreed-upon assets. Read on to learn more about other benefits prenuptial agreements can offer.

Advantages of Getting a Prenup 

1. Ensures Honesty & Fairness
   Prenuptial agreements are, first and foremost, agreements. This means that they require both parties to understand and be on the same page about how things will go. They encourage honest conversations and can be an excellent opportunity to build understanding with your partner. Additionally, prenuptial agreements are designed to be fair to both parties. Deciding what is fair, along with what makes sense for you and your assets, is a unique conversation that should be had. Having this conversation without the emotional turmoil that divorce can bring ensures that you are making clear and well-planned decisions. A legally-binding document made in good faith can give both parties the peace of mind that hard decisions have already been made.

2. Offers Protection
   Prenuptial agreements offer many forms of protection. This can include financial protection, such as defining which assets belong to who. Another form of financial protection that prenuptial agreements offer is protection from debt. If one party has significantly more debt than the other, it can be vital for the person with less debt to take the protection that prenuptial agreements offer. Another form of protection that prenuptial agreements provide is emotional protection. The ability to ensure that any children you may have can receive assets is vital. This can ensure that your children receive what is fair. Additionally, getting a prenup can prevent long and messy divorces. A primary focus of a divoce, in a legal sense, is deciding how to divide marital property. Since prenuptial agreements clearly define that, they greatly shorten divorces. This makes it far less financially and emotionally draining.

Get the Support You Deserve

Marriage is a life-changing and joyous occasion. When it comes to finances and asset protection, though, there is no such thing as being over-prepared. Having a prenuptial agreement provides you an avenue for an honest conversation with your partner prior to marriage. Additionally, it can offer you the financial and emotional protection you deserve. At Lonich Patton Ehrlich Policastri, our attorneys are well-versed in helping you navigate the tough conversations and decisions that come with creating a prenuptial agreement. Reach out to us at 408-553-0801 today to find out how we can support you and your soon-to-be spouse.

Paternity is the legal term used to name the father of a child. In California, paternity can be established in a number of ways. It is presumed that, if a husband is married to the child’s mother when a child is born, he is presumed to be the father.

In the eyes of the law, a child’s mother is always assumed to be the legal parent, regardless of whether or not she was married to the child’s father at the time of birth. As a result, a father who isn’t married to the child’s mother will need to take legal action in order to establish paternity and gain legal recognition as the child’s father.

If both parents agree on the identity of the father, they can sign a voluntary Declaration of Paternity form. This form must be signed in front of a witness and notarized. It can be completed at the hospital when the child is born or at any time after birth. Once the form is signed, it is legal proof of paternity and cannot be undone without a court order.

If the parents disagree on who the father is, paternity can be established through DNA testing. The mother, child, and alleged father must all submit to DNA testing, and if the results show that there is a more than 99% chance that the man tested is the child’s father, the court will legally recognize him as the legal parent. Once paternity is determined, the name of the father can be added to the child’s birth certificate, and he will be given legal rights and responsibilities.

A father can establish paternity up to three years after the child’s 18th birthday, but there are several advantages to doing it sooner.

Why a Father Would Want to Establish Paternity in California

There are many benefits to establishing paternity, both for children and parents. For a child, establishing paternity provides a sense of identity and belonging. In some cases, it can also help children to access medical information from their father’s side of the family. It also entitles the child to financial support from the father and inheritance rights if the father should pass away.

For the father, establishing paternity offers legal rights such as visitation, custody, and taking part in any decision-making regarding the child’s health, education, religious instruction, and activities. It allows the father and the child to bond and develop a legal relationship.

We Can Help You With Your Case

If you are considering establishing paternity, or if you have questions about it, please contact our office for a free consultation. We are ready to discuss your case with you and answer any questions you may have. Our lawyers at Lonich Patton Ehrlich Policastri specialize in family law and have helped families in San Jose and the greater Bay Area. We can help you navigate the process and ensure that your rights as a father are protected. Call us at 408-553-0801 or fill out our contact form today.