Orange County Prenuptial Agreement Lawyer

Many married couples and engaged couples often get a wary feeling when discussing prenuptial and postnuptial agreements.  It is no secret that these agreements have notoriously received bad press by taking the romance out of a wedding and impending marriage.

However, prenuptial and postnuptial agreements serve an important purpose by protecting your own assets upon entering into a marriage, regardless of whether it is your first marriage.  Both have been gaining popularity in recent years, not only because of the downturn of the economy but also due to the evolution of the agreements themselves.

If you and your spouse are considering a prenuptial agreement, get personalized legal advice from the attorneys at Boyd Law of Orange County. We can discuss how a prenup could protect your assets and help you and your spouse achieve your shared goals.

What Is a Prenuptial Agreement?

A prenuptial agreement or prenup is a legally binding contract that determines how a married couple’s assets and property will be divided should they get divorced. A prenuptial agreement is made before the couple marries and goes into effect on the date of the marriage. In contrast, a postnuptial agreement can be created after the couple is already married and takes effect when the document is signed.

In addition to dividing assets and property, a prenuptial agreement can have rules in place to determine other terms of a divorce or separation. It can allocate debts to protect one spouse from taking on the other’s, plan for what will happen to the estate and any inheritance, protect the ownership of a business, and specify terms for alimony or spousal support. A strong and legally valid prenup can have many benefits for a couple.

What Are The Benefits of Prenuptial Agreements?

Prenuptial agreements serve a variety of purposes, but they most often protect both spouses’ assets prior to entering a marriage.  This is important for a number of reasons, but especially in a community property state such as California.

Any property acquired during a marriage in California will be considered community property, and therefore each spouse will have a claim to one-half of the property. This may be an issue for spouses who enter into a marriage owning their own company or spouses who have children from a prior marriage.

These individuals often want their children to be entitled to a portion of their company should anything happen to them in the coming years, and one of the best ways to protect this property is through the creation of a prenuptial agreement, according to our Orange County child support attorney.

Prenuptial agreements are also used to help outline potential spousal support, alimony, child support, child visitation, child custody arrangements and agreements if a future divorce, legal separation, or annulment took place.

What Goes Into a Legally Valid Prenuptial Agreement?

When creating a prenuptial agreement, it is critical to ensure that the document stands up to legal scrutiny. If the time comes for you and your spouse to use it, the last thing you want is for the contract to be thrown out because a mistake was made. 

A valid, legally binding prenuptial agreement in California needs the following:

• It must be put in writing and signed voluntarily by both parties.
• The terms must be lawful and conscionable.
• It must not have terms related to child custody or child support.
• Signing the document cannot be the result of fraud or coercion.
• Both parties must fully disclose all of their financial information.
• Both parties should have different attorneys representing them (independent legal counsel).
• At least seven days must pass from when a party receives the prenup and when they sign it.

Working with an experienced prenuptial agreement lawyer in Orange County is the most effective way to ensure that your document will adhere to the exact letter of the law. Your lawyer will know exactly how to compose a prenup in a way that ensures your rights are protected.

Is a Prenuptial Agreement Right for You?

A consultation with an experienced attorney in Orange County can help you determine if a prenup is right for you. A prenuptial agreement may be beneficial based on your financial situation and goals for the future. If you own significant assets, for example, a prenup can protect you from California’s property division laws in case of divorce.

Other situations where a prenuptial agreement can be beneficial include:

• If one or both of you have significant debt, a prenuptial agreement can prevent both of you from taking on the other’s debts.
  
• If you own a business, either separately or together, a carefully worded prenup could protect business interests from being negatively impacted by divorce. 
• If you have one or more children from a previous relationship, the document can facilitate the passing of your assets to your children as you desire.

These are just three examples of many circumstances where the couple could benefit from having a prenuptial agreement. In addition, any couple that simply wishes to avoid a lengthy court battle in the event of a divorce should consider having a prenup to determine the terms of the divorce without the stress.

Orange County Postnuptial Agreements

Postnuptial agreements operate in the same manner as prenuptial agreements, although these are signed and agreed to after a wedding.  In recent years, postnuptial agreements have evolved to provide a framework for marriage, rather than a framework for the disposition of assets and division of property.

Modern couples have now increasingly begun looking to postnuptial agreements years after their wedding in order to request a spouse spend a set limit of money or participate in a set number of chores.

Postnuptial agreements have additionally received substantial press lately because of the more modern way in which they are being used now.  Many spouses are now turning to postnuptial agreements to help draft an outline of their marriage essentially, including small details like which family the spouses will spend Christmas with, or defines the budget for home décor.

Postnuptial agreements are now being used for a wide variety of marital issues and are now used throughout all income brackets, not just the high net worth individuals.  A savvy married couple may want to consider looking into drafting a postnuptial agreement to help break out the household chores and define future spending obligations.

Contact An Orange County Prenuptial Agreement Lawyer Today

If you are considering a prenuptial or postnuptial agreement, do not hesitate to contact one of the best Orange County family lawyers in the area.  Our Orange County prenuptial and postnuptial agreement attorneys have years of experience in drafting both prenuptial and postnuptial agreements and know how to best protect your assets and property from unfortunate situations which may occur in the future.

Prenuptial and postnuptial agreements do not take the romance out of the marriage but are often the smart thing to do to protect your property and your family.  Contact us at our Orange County office today for your initial free consultation.