What Should a Woman Ask for in a Prenup?

Many women enter into their marriage earning less pay and having fewer assets than their husbands, making them more likely to be the respondent to their partner’s request for a prenup, rather than the instigator.

Women whose partner approaches them about signing a prenuptial agreement often ask the question “what should I ask for?” Below you’ll find a list of key interests that women ought to be sure to address in a prenup, as well as a detailed explanation of our advice that women ought to secure their own legal counsel to represent their interests during prenuptial negotiation.

Discuss your prenup with a qualified attorney at Cyrus Pacific Law.

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What Are the Most Important Prenup Considerations for Women?

Prenups are legally binding on both parties unless the terms are unconscionable. Prenups provide numerous benefits for women in particular.

1. Protection of separate property: With a prenup, the assets and property a woman brings into the marriage will remain hers after divorce. You can cover things like your home, your business, or any future inheritance.
2. Spousal support: A prenup can stipulate a certain amount of spousal support (alimony). This provision might be especially beneficial for women who sacrifice their careers or earning potential to support their spouse or raise children.
3. Protection of inheritance: A prenup can protect your inheritance from property division in divorce. 
4. Business or professional assets: A prenup can help protect a woman’s company or professional practice in a divorce.
5. Life insurance: A prenup may require a spouse to maintain a life insurance policy where you are the beneficiary.

You can customize your prenup to suit your specific needs and financial situation. Many couples use prenups to protect separate property, outline spousal support, and set guidelines for the division of assets.

Related: What Clauses Are Most Important to Include in My Prenup?

I Have Fewer Assets – What Should be My Top Priories to Address in the Prenup?

If you have fewer assets and less earning power than your partner when entering the marriage you may be concerned about ensuring that you are protected in the event of a divorce. Here are a few things that are particularly important for you to consider when negotiating a prenuptial agreement:

1. Protection of pre-marital assets: If one partner has significant assets or property that they acquired prior to the marriage, they may want to ensure that those assets are protected in the event of a divorce. A prenuptial agreement can be used to clarify which assets are separate property and which are marital property and to ensure that the separate property is not subject to division in the event of a divorce.
2. Clarification of property division: In the event of a divorce, the division of property can be a contentious issue. The partner with fewer assets may want to ensure that they receive a fair share of the marital property, even if they contributed less financially during the marriage. A prenuptial agreement can be used to clarify how property will be divided in the event of a divorce and to ensure that both partners are protected.
3. Protection of future earning potential: If one partner has less earning power than the other, they may be concerned about their future financial stability in the event of a divorce. A prenuptial agreement can be used to establish spousal support or alimony in the event of a divorce, which can help to ensure that the partner with less earning power is able to maintain their financial independence.

Ultimately, your specific concerns will depend on your individual circumstances and priorities. It’s important for you and your partner to have open and honest conversations about your financial situation and goals and to work together to create a prenuptial agreement that meets your needs and protects your interests.

Related: How to Bring Up a Prenup with Your Partner

As a Woman, Do I Need My Own Lawyer When Creating the Prenup?

We believe that it’s essential for both parties to have separate legal representation rather than “sharing” a lawyer. This might seem counterintuitive since you are working together—but you want to protect each party’s interests and ensure the agreement is fair. As a woman in 2023, you might be the primary breadwinner – or your partner might be. In either case, it’s essential that you have an advocate looking out for your best interests as the terms of the agreement are drafted. 

Related: Who Are the Best Prenup Lawyers in Los Angeles?

A prenup is a legal contract where each party has interests and needs they want to protect. A lawyer representing both parties in the prenup might have difficulty providing objective and impartial advice to each party. They could be more likely to prioritize the interests of one party over the other, which could result in an unbalanced agreement. Further, a lawyer representing both parties could be disqualified from defending either party if a prenup disagreement arises.

Additionally, it is crucial that each party fully understands their rights and obligations under the prenup. The parties must voluntarily enter the agreement without duress or undue influence. Therefore, it’s best for each party to have their own representation just to be certain that their lawyer’s focus is on helping them understand all legal implications of the agreement.  

Need to Negotiate Your Prenup? Let’s Talk.

A prenup can be a valuable tool for couples planning to get married in California. It outlines their financial arrangements and property rights, thereby helping to prevent future misunderstandings. It takes time to negotiate and finalize a prenup, so start the process early. A lawyer experienced in prenups can help you navigate the complexities of this type of agreement. They will ensure that your prenup is fair, legally binding, and in compliance with California state laws.

A prenup can provide peace of mind and financial security for both parties. Since every family is unique, we tailor the agreement to each couple’s needs and finances. We will help you protect against risk and manage the process professionally and tactfully. Trust Cyrus Pacific Law to help you safeguard your assets and build a strong foundation for your marriage.