Costa Mesa Prenuptial & Postnuptial Lawyer

Costa Mesa Prenuptial & Postnuptial Attorney

Establishing a strong foundation for your marriage extends beyond trust and love. A prenuptial or postnuptial agreement can provide couples with security and clarity, allowing both partners to focus on their future with confidence. If you are engaged or already married, a Costa Mesa prenuptial & postnuptial lawyer can assist you in creating an agreement tailored to your unique needs.

Why Hire a Prenuptial & Postnuptial Lawyer?

It is prudent when creating a prenuptial or postnuptial agreement that both parties have legal counsel. At Cianci Law, PC, our attorneys use their extensive family law knowledge to assist clients with drafting, reviewing, and negotiating these agreements.

Melissa Cianci is the managing attorney at Cianci Law, PC, and has over 20 years of experience with complex family law matters. Attorney Cianci is a Certified Family Law Specialist (CFLS).

CFLS designation requires completion of continuing education in the specialty area, passing a written exam, and receiving favorable evaluations from judges and other attorneys familiar with the attorney’s work.

Prenuptial Agreements in California

Discussing a prenuptial agreement during your engagement may seem like a difficult conversation, but having a transparent conversation about finances and expectations can lead to satisfying outcomes. Each partner should have their legal counsel review the document to ensure fairness and compliance with state laws.

There were 9,342 divorces in Orange County in 2024. Since divorce is a realistic outcome of some marriages, couples may prefer to make decisions in advance regarding their finances in case of divorce. Some reasons couples use a prenuptial agreement include:

1. Protect assets
2. Waive or ensure alimony
3. Protect against the debt of your partner
4. Protect gifts and inheritances
5. Protect confidentiality
6. Protect a stay-at-home parent
7. Ensure ongoing health insurance coverage
8. Protect the finances of your children from other relationships
9. Facilitate transparency and create an open discussion
10. Establish financial expectations for the marriage

Prenuptial Amendments and Revisions

Prenuptial agreements can be modified through a process called postnuptial amendment. Both spouses must voluntarily agree to make changes. Again, each partner should have their own attorney review the proposed changes. Revisions must be made in writing and signed by both partners.

The agreement should clearly outline which sections are new and have been adjusted or replaced. It may be prudent to periodically review the agreement. This provides partners with an opportunity to address any changes in their relationship or lives that may affect the terms of their agreement.

Having the document notarized, while not required, can add another layer of validity and protection. The notary process requires photo identification of the signatories.

Reasons for a Postnuptial Agreement

A transparent and legally compliant postnuptial agreement can help resolve issues before they arise, eliminating disputes over property division, inheritances, finances, and debts. A couple may create a postnuptial agreement for various reasons that may include:

• Changes to financial circumstances. A postnup allows a couple to redefine asset division in response to major financial changes that may occur during a marriage, such as an inheritance, a new business venture, or a significant increase in income.
• Business interests and ownership. If one or both spouses own a business, a postnup can clarify ownership rights and help to protect the business from being divided in a divorce.
• Protection of separate assets. A spouse may have substantial assets prior to the marriage or acquire assets through an inheritance or gifts once married. A postnup can protect these assets as separate property.
• Determining responsibility for debt. A postnup can clearly specify which spouse is responsible for which debt. This may prevent future conflict and ensure that neither partner is unfairly burdened.

FAQs

How Much Does a Postnuptial Agreement Cost in California?

The cost of a postnuptial agreement in California will vary based on several factors, including the complexity of the agreement. You will likely need the guidance of a family law attorney to draft, negotiate, and file the document. Attorney fees will vary based on the attorney’s experience, as well as the geographic location.

Is a Postnup as Good as a Prenup?

A postnup and prenup agreement are both designed to protect your financial interests. A prenup is a document signed before a couple is married. A postnup is created after marriage. Both are legal contracts that indicate how assets, debts, and financial responsibilities will be addressed in the event of a divorce or separation.

What Is the 7 Day Rule for Prenups in California?

The 7 Day Rule is legislation in California that applies to prenuptial agreements executed on or after January 1, 2020. Under the law, an individual must have a copy of the prenuptial agreement to review at least 7 days before the wedding. The legislation aims to ensure that both parties have adequate time to review the document and seek legal counsel. It is advisable for both parties to have the prenuptial agreement reviewed by an attorney.

Are Postnuptial Agreements Enforceable in California?

Yes, postnuptial agreements are typically enforceable in Costa Mesa, California if they meet specific legal requirements. For a judge to enforce a postnuptial agreement, it must be in writing, signed by both parties, transparent and unambiguous, fair to each spouse, among other factors. Both spouses must voluntarily sign the document without evidence of coercion, threat, or force.

Contact a Costa Mesa Prenuptial & Postnuptial Attorney – Creative Family Solutions

Creating a prenuptial or postnuptial agreement can help establish clear financial expectations for your relationship, thereby increasing marital happiness. The attorneys at Cianci Law, PC, can ensure your interests are represented and that all legal requirements are in place. Contact the office to schedule a consultation with our skilled attorneys.

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