Prenuptial Agreements and Postnuptial Agreements
Orange County Prenuptial Agreement Lawyer Explains the Benefits
Before marriage, a couple can draft a prenuptial agreement that outlines stipulations for property division and other terms in the event of divorce or death. You execute a postnuptial agreement, on the other hand, after marriage. This is a less common, but still valid, means of outlining property distribution.
These documents can ease immediate financial frictions between couples. In addition, they can help create a stronger, more stable foundation as they venture into marriage together. Orange County Family Law Associates can help you craft an agreement that best suits your specific needs. Our prenuptial agreement lawyer can also represent individuals whose partner presented them with an agreement drafted by another attorney.
Not sure if a prenup or postnup is right for your marriage? There are no fees to schedule a consultation with us and find out. Even if you do not end up needing one, you can learn more about how marriage laws can affect your personal finances. Marriage is more than just a declaration of love. It is also a legal contract, and we can explain the fine print in terms everyone can understand.
Why Choose a Prenuptial or Postnuptial Agreement?
Without one, California community property laws will decide how to divide your assets during a marriage. If you would rather the Court not split property 50/50 between both parties of the marriage, these documents can allocate these pieces of property differently. A prenuptial agreement can accomplish several goals:
- Declare what property is community and what is separate
- Declare what debt will remain the separate obligation of a party
- Protect or divide business interests
- Provide for a set amount of spousal support, or waive the right to spousal support
Or, perhaps you are already married and you think that a postnuptial agreement might be in you and your spouse’s best interests. The most common reason for a postnuptial agreement is if the parties wish to separate but not divorce. A postnuptial agreement can stop additional assets gained after marriage from becoming community property or provide for spousal support. Sometimes, if one spouse receives an opportunity for a partnership or equity in a business, the company may require the person to have a postnuptial agreement to avoid having the business entangled in a future divorce.
How an Attorney Can Help with Post or Prenuptial Agreements
An attorney can only represent one party for a pre- or post-nuptial agreement. At our law firm, we can design an agreement that addresses all your hopes and concerns for your future. Feel free to call our office, schedule a meeting and bring all relevant financial documents with you.