Aliso Viejo Post & Prenuptial Agreement Lawyer

Aliso Viejo Post & Prenuptial Agreement Attorney

Prenuptial contracts carry something of a negative connotation for many people in Aliso Viejo and throughout California, but the reality is that these are valuable contracts that can provide financial peace of mind to a married couple in many ways. While some people believe the suggestion of a prenuptial contract implies that they lack faith that a marriage will last and that a prenup is essentially a roadmap for a future divorce, the truth is that a well-constructed prenuptial contract allows both spouses to enter their marriage with more peace of mind concerning their respective finances. Additionally, drafting a prenup requires the couple to have some difficult conversations that are better addressed prior to a marriage than years later.

Experienced Legal Counsel for Prenuptial and Postnuptial Agreements in Aliso Viejo, CA

The team at Cianci Law, PC can help draft your prenuptial contract in Aliso Viejo, ensuring it addresses all your financial concerns and those of your spouse. Attorney Melissa Cianci is a certified family law specialist with decades of professional experience in state law, including the drafting of prenuptial agreements. Whatever you hope to accomplish with your prenup, our team is ready to provide the guidance and support you need to create the contract with confidence, so it fulfills its intended purpose.

Benefits of a Prenuptial Agreement

A prenuptial contract is essentially a formal agreement between marrying spouses that outlines their respective financial obligations concerning their marriage. While it’s true that prenuptial contracts are most effective and most essential for high-net-worth individuals, the reality is that this type of contract can provide important financial security for any marrying couple.

There are limits to what a prenup can cover in the state. For example, a prenup cannot dictate how the couple will raise their children, who is responsible for household chores, or who gets to decide where the family takes their vacations. The prenuptial contract focuses on financial matters:

• It’s possible to have each spouse’s separate property be clearly defined so that if they ever do decide to divorce, there is little room to argue whether specific assets qualify as separate or marital property.
• The contract can stipulate financial responsibility for the debts each spouse is bringing into the marriage, preventing them from being comingled as a shared responsibility.
• A prenup can ensure financial security for children a spouse has from a previous marriage, such as ensuring inheritance rights of family heirlooms and specific assets.
• The contract can include a postnuptial clause, which can serve as a blueprint for a divorce in the future and shorten the time it would take to dissolve the marriage and facilitate a more amicable divorce.

These are only a few of the potential benefits of drafting a prenuptial agreement. Your Aliso Viejo family law attorney can help draft your contract, potentially revealing avenues of consideration you may not have considered on your own.

Can I Write My Own Prenup?

Technically, yes, it is possible for you and your spouse to draft a prenuptial contract without an attorney. Whether the contract will be valid and legally enforceable is another matter. It’s worth taking the time to discuss the elements of your prenuptial agreement with your spouse, and this can actually open the door to constructive communication that brings the two of you closer. Money is one of the most common reasons for serious disputes to arise in a marriage, and by making your goals, intentions, and expectations clear from the start with a prenuptial contract, both spouses can enter the marriage with greater peace of mind.

If you draft a preliminary contract with your spouse, you must take it to an experienced Aliso Viejo family law attorney for revision. Your attorney can help adjust the terms and conditions you have drafted to ensure they align with state law. Your attorney is also likely to uncover details you may have overlooked. Ultimately, if you want to be certain that your prenuptial agreement can accomplish its intended purpose, you must verify that it is legally enforceable. Hiring an Aliso Viejo family law attorney for this is the optimal way to ensure enforceability.

Find an Attorney to Help You in Aliso Viejo

Marriage is a very important step in anyone’s life. The person you choose to marry is one of the most important decisions you will ever make from a financial perspective, and it is possible for a marriage to carry countless financial implications for anyone in the state. Your prenuptial contract can be one of the most important documents you ever sign, not only allowing you and your spouse to end your marriage more easily in the future if you choose to go your separate ways, but also providing sound financial security for the time you remain married.

It is also possible to adjust an existing prenuptial contract to account for major life changes, such as the birth of a new child, a major financial windfall, or maturation of specific assets. In fact, it is advisable for anyone with a prenuptial contract to periodically review and revise their prenup as their situation evolves over time.

Your Aliso Viejo family law attorney can be invaluable not only for the help they can provide in creating the contract initially but also for implementing revisions and amendments in the future. Whenever a prenuptial contract is adjusted, both parties must agree to the change and sign the contract again to ensure the applied changes are legally enforceable. Should the time come to end your marriage, your attorney can use the prenuptial contract to guide the process, and this can shorten the timeline of a divorce case substantially.

Attorney Cianci and the team at Cianci Law, PC are ready to assist you in the development of your prenuptial contract or the adjustment of an existing contract. Our firm takes time to get to know every client’s unique needs and concerns for their family law matters and we are confident in our ability to address your situation effectively. Contact us today to schedule a consultation with an Aliso Viejo family law attorney and learn how our team can assist you.