While bringing up the subject of a prenuptial agreement or postnuptial agreement can be stressful and must be done delicately, these agreements play an essential role in protecting each spouse’s property rights in the event of a divorce. These agreements are used to protect your own separate property, the inheritance rights of children from prior relationships, and your business partners. At Cianci Law, PC, our pre- and postnuptial agreement lawyers use our extensive knowledge of family law to provide reliable advice, so you can make an informed decision.
In California, your agreement should delineate finances, assets, and property. This includes things like your house, retirement savings, stock portfolio, and business investments. Every prenuptial agreement is unique – just like every marriage – and should be designed to meet the needs of both parties.
Prenuptial agreements, also called premarital agreements, can play a positive role in a marriage. These agreements enable a couple to define their arrangement on their own terms, rather than abiding by California’s community property laws to make the determination. In order for a prenuptial agreement to be valid, certain procedures must be followed.
For a prenuptial agreement to be considered valid:
California law contains these provisions to ensure that all prenuptial agreements and postnuptial agreements are truly voluntary and both parties have legal representation and sufficient time to read the agreement before signing.
Some prenuptial agreements have clauses that might prevent one spouse from sharing in the success of a business in the event of a divorce. Without that clause in a prenuptial agreement, the increase in value of the business might be divided by both spouses if a divorce occurs.
Some prenuptial agreements might preclude one spouse from claiming an inheritance from the spouse’s estate. On the other side of the coin, a prenup can help to ensure the inheritance rights of children and grandchildren are protected if clauses in the prenup provide for that protection.
A prenuptial agreement can protect a spouse from the other spouse’s debts. That isn’t the only financial aspect of a marriage that a prenuptial agreement can cover. It can cover alimony payments, decision-making responsibilities and almost any other aspect of finances. Only you can decide what to include in a California prenuptial agreement. Contrary to popular belief, prenups aren’t only for the wealthy. You can cover a variety of issues in the agreement that can help you during your marriage and if your marriage fails Source:FindLaw, ” Pros and Cons: Premarital Agreements (“Prenuptials”)” accessed Mar. 19, 2015
A postnuptial agreement is negotiated and drafted during the marriage, rather than before the wedding. The agreement describes what will happen in the event of a divorce or separation. California law recognizes postnuptial agreements, but requires a variety of formalities and disclosures for the agreement to be valid. Our pre-and postnuptial agreement attorneys in Roseville can advise you and help you draft and review a postnuptial agreement that meets all legal requirements.
Prenups for California couples have become increasingly common. Some of the most frequently given reasons for getting a prenup include:
If you married without a prenup, you could always get a post-nuptial agreement. Many couples do that as their financial situation changes over the years – either individually or jointly.
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