Many people carry negative misconceptions about prenuptial contracts. Because these agreements can effectively serve as blueprints for divorce when they include enforceable postnuptial clauses, many assume that the suggestion to sign a prenup is an indication of lack of faith that the marriage will last. The reality is that a prenuptial contract can not only provide valuable financial security to both spouses but also compel them to have difficult financial conversations before marriage, strengthening their communication and allowing them to move forward with their marriage with greater peace of mind.
If you are planning to marry in Mission Viejo it is vital to consider the potential benefits that a prenuptial agreement could offer. Do not assume that a prenuptial agreement is only necessary for a high net worth couple; the reality is that any couple can have greater financial security and peace of mind when they take the time to develop a comprehensive and legally enforceable prenuptial contract.
Attorney Melissa Cianci and her team at Cianci Law, PC have years of professional experience representing clients in a wide range of family law cases, including the development of prenuptial contracts. Whether you are preparing for a new marriage and wish to ensure financial security and stability for you and your spouse or you need to amend an existing prenup after a major life event, we can help. Our firm has successfully drafted many prenuptial contracts for couples throughout the Mission Viejo area and we can put this experience to work for you.
The purpose of a prenuptial contract is to clearly stipulate each spouse’s financial rights and responsibilities prior to marriage. There are limits to what a prenuptial contract can cover, and both signing parties must enter into the contract willingly with full consent and knowledge of the contract’s terms. The terms of the contract also must be reasonable and conscionable. It is technically possible to draft a prenup on your own, but this should be considered a preliminary step before consulting an experienced Mission Viejo family law attorney who can ensure that it is legally enforceable.
Your prenuptial contract can include terms for you and your spouse’s financial obligations during your marriage. For example, you can clearly define one another’s separate property, which can include anything either of you own that you are bringing into the marriage. The state follows a community property law for property division in divorce, meaning all marital assets are subject to strict 50/50 division. By defining separate property in your prenuptial contract, you can avoid any future disputes concerning whether specific assets qualify as one spouse’s separate property.
Prenuptial agreements can also shield married spouses from each other’s debts and prior financial commitments pertaining to previous marriages. This may apply to child support and alimony obligations and various forms of debt, preventing one spouse from being responsible for the other’s financial mistakes in the future.
It is important to remember that there are limits to what a prenuptial agreement can include. First and foremost, it cannot include any illegal or unconscionable terms. The contract also may not include any terms and conditions related to the raising of the couple’s children, nor may it include terms for child custody or child support should the couple decide to divorce in the future. Infidelity clauses are also unenforceable in the state. Many people assume that you can include a clause in your prenup stating that if a spouse commits adultery they face financial penalties, but this is not the case due to the state’s blanket no-fault rule for divorce. The prenup can, however, include terms and conditions pertaining to spousal support as long as they are legally conscionable.
Ultimately, there are many ways to customize a prenuptial agreement, and your Mission Viejo family law attorney can guide you through the process of creating a comprehensive and legally enforceable contract that meets your needs and expectations.
While it’s true that many people assume the suggestion to sign a prenuptial contract to be a sign of lack of faith in the marriage, the reality is that a prenup can provide valuable reassurance should you and your spouse later decide to divorce. Any divorce has the potential to be a time-consuming, stressful, and expensive affair for both spouses, but a properly constructed prenuptial contract with postnuptial clauses can streamline divorce proceedings substantially.
Your Mission Viejo family law attorney can help you develop postnuptial clauses that will diminish uncertainty in future divorce proceedings if you and your spouse later decide to end your marriage. However, it is important to remember that you will need to periodically review your prenup and adjust it as necessary over the years as your life changes. If you and your spouse neglect to review the contract periodically, it could later be rendered unenforceable due to the significant changes in your life since the creation of the contract.
The right attorney can provide comprehensive support through every stage of the prenuptial contract development process. When you choose Cianci Law, PC to help you and your partner draft your contract, we can take time to learn as much as we can about your needs, goals, and concerns regarding your prenup. We may be able to uncover areas of concern that you may not have recognized on your own. If you have already developed a prenup in the past, we can review and amend the contract as necessary to reflect the recent changes in your life that you have experienced since the contract was first signed.
Ultimately, it is always worth investing in legal counsel you can trust if you want to have a legally enforceable prenuptial contract that meets your needs and goals. The team at Cianci Law, PC has years of experience helping our clients navigate the contract drafting process and we know the various legal issues you must overcome to create a prenup that meets your expectations and provides the financial security you need for your marriage. Contact Cianci Law, PC today to schedule a consultation with a Mission Viejo family law attorney and learn how our firm can assist you in creating your prenup.
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