PRENUPTIAL AGREEMENT LAWYERS IN LOS ANGELES, CALIFORNIA
At WHITMARSH FAMILY LAW, PC, our Los Angeles family law attorney knows that prenuptial agreements do not carry the same stigma they did decades ago.
California couples are no longer preparing prenuptial agreements in anticipation of a potential divorce. They are securing their futures by establishing full disclosure of their current financial positions to begin their marriages on the right foot.
Since couples are waiting longer to get married than they historically did, their personal and professional lives can grow before they tie the knot. When they decide to get married, a prenuptial agreement allows them to preserve their assets and avoid assuming the debts of the other person.
Prenuptial agreements are also ideal for couples who have been married before and have children from a previous marriage to protect financially with inheritances, or to pass along assets that are important to their families.
No matter the reason you choose to outline your finances in the form of a prenuptial agreement before marriage, it is an intelligent and combined decision that delivers transparency from the start of the marital relationship.
Our prenuptial agreement lawyer in Los Angeles can help you determine what can and cannot legally be included in your contract, so you can begin planning your financial protection accordingly before you get married in California.
WHAT CAN BE INCLUDED IN CALIFORNIA PRENUPTIAL AGREEMENTS?
The Uniform Premarital Agreement Act establishes the guidelines for all California prenuptial agreements, including what can and cannot be included in the document.
California prenuptial agreements can include:
- Income
- Earnings
- Real Estate
- Financial and/or Business Interests
- Other Present or Future Assets
- Debts
Spousal support may also be included in a California prenuptial agreement only if both parties have retained independent counsel before signing the agreement.
If you have questions about which financial assets should be included in your prenuptial agreement, our Los Angeles family law attorneys can help you understand each detail that should be protected in the legally binding contract.
WHAT CAN NOT BE INCLUDED IN CALIFORNIA PRENUPTIAL AGREEMENTS?
Despite what is displayed in television shows or movies, multiple clauses cannot be included in California prenuptial agreements.
Clauses relating to infidelity are generally not enforceable, including the idea that spousal support is not payable if a spouse commits adultery. Those details, or similar personal asks, would not be enforceable by a court.
Other details that cannot be included in California prenuptial agreements are:
- Any details regarding child custody or child support.
- Any requirements for one spouse to commit illegal acts.
- Non-financial requirements or terms regarding the relationship.
- Unfair, unjust, deceptive, or exploitative terms.
Understanding what can and cannot go into your prenuptial agreement is just as important as the contract itself. The most crucial factor of any California prenuptial agreement is understanding your legal rights and options, so you can make informed decisions about the contract’s contents.
Our Los Angeles prenuptial agreement lawyers are here to help. Contact us today to learn more.
WHAT OTHER MARITAL DETAILS CAN BE OUTLINED IN A CALIFORNIA PRENUPTIAL AGREEMENT?
In general, a California prenuptial agreement can include many different rights and issues regarding marital property, after the wedding has taken place and as the couple continues to grow together.
The following details may be included in a prenuptial agreement, so each party moves forward in a shared direction:
- Drafting of a trust or will.
- Division of property upon divorce or death.
- Rights to life insurance policy death benefits.
- Rights to sell, buy, or otherwise use a piece of property.
Creating a California prenuptial agreement allows both parties to fully disclose their financial standings and start their marriage off with complete transparency. This approach can increase the health of the relationship, so there are no financial unknowns that can cause significant stress in the marriage later.
Our prenuptial agreement attorneys have tips that will allow you to protect each party’s assets, protect each other from debts, and place any children from previous relationships in a safe financial position, so they do not have to worry about what your marriage means to their futures.
WHEN DOES A CALIFORNIA PRENUPTIAL AGREEMENT TAKE EFFECT?
According to California state law, premarital agreements that are signed by both spouses automatically become effective once the couple enters the marriage. Because the principles of general contract law apply to premarital agreements, both parties must give full, valid consent to the terms and conditions outlined, meaning that consent cannot come as the result of inappropriate influence, fraud, or mistake.
State law also requires full disclosure when it comes to property and finances, as well as ample time for a Los Angeles prenuptial agreements attorney to review the agreement before signing. An agreement cannot be considered valid if it fails to meet these terms.
WHAT IF MY PARTNER IS OPPOSED TO SIGNING A PRENUPTIAL AGREEMENT?
While the antiquated definition of a prenuptial agreement – where one partner asks another to sign a prenuptial agreement, so they cannot take what is theirs – is typically not how partners see the contracts any longer, some still have trouble reconciling the idea that their partner wants them to sign a financial contract.
To determine the origin of the other partner’s concerns, and why he or she is not comfortable with outlining a contract, our prenuptial agreement lawyers in Los Angeles know this is a deeply personal conversation to have.
Some of the most effective ways to go about it are to remove the stigma related to the contract itself. When you make a prenuptial agreement about the facts involved, it is less about who gets what should you divorce, and more about being fully transparent about how you are starting your marital relationship.
If you have questions about how to get started, contact our Los Angeles prenuptial agreement attorneys to discuss a legal strategy that will allow you to protect your financial future.
AT WHITMARSH FAMILY LAW, PC, OUR FAMILY LAW ATTORNEY IN LOS ANGELES, CA FOCUSES ON THE FOLLOWING PRACTICE AREAS:
- Divorce
- Child Support
- Child Custody
- Spousal Support
- Domestic Violence
- Same-Sex Prenuptial Agreement
- Paternity
CONTACT OUR PRENUPTIAL AGREEMENT ATTORNEYS IN LOS ANGELES, CALIFORNIA
Are you or someone you know considering entering into a marriage with a prenuptial agreement, or experiencing a dispute with an existing accord? If so, it is important to have the appropriate legal representation before signing or enforcing any documentation, since your interests — both current and future –— are at stake.
Our prenuptial agreement lawyers review each of our client’s cases based on their unique circumstances. While there are legal standards regarding what can and cannot be included in the contract, your prenuptial agreement is unique.
We provide customized legal services that match our client’s important needs.
In Los Angeles and the surrounding areas in Southern California, the legal team at WHITMARSH FAMILY LAW, PC is available to provide the sound legal advice necessary when signing, modifying, or enforcing premarital agreements.
Our Los Angeles prenuptial agreements lawyer is extremely well versed in the laws governing marriage, divorce, and prenuptial agreements in California, and can provide the guidance you need to protect your interests now, and well into the future.
To schedule a preliminary consultation with a prenuptial agreement attorney in Los Angeles, we invite you to call us today at (310) 552-3505.
Prenuptial Agreement Resources:
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- $9.9M Mansion Sale Highlights Importance of Same-Sex Prenups
- Prenuptial Agreements: A Trend Towards Financial Independence
- Same-Sex Couples Navigate Prenuptial Waters
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- Five Common Reasons Couples Seek Divorce in California
FREQUENTLY ASKED QUESTIONS FOR OUR PRENUPTIAL AGREEMENT ATTORNEYS IN LOS ANGELES, CALIFORNIA
No. In fact, prenuptial agreements are often used to protect each party’s assets and to keep one party from assuming the other’s debts. When couples combine their lives, one may not be open to taking on the other’s excessive student loans or credit card debt, just as they would not want to split their business interests when they are just getting started. Prenuptial agreements are for intelligent, forward-thinking couples who are ready to make lifetime decisions together.
No. Prenuptial agreements are contracts that allow both soon-to-be-spouses to fully disclose their current assets and debts, so they can begin their marriage on solid, honest footing. The more transparent both partners can be, the more equipped they are to build a life together going forward. Our prenuptial agreement attorney can help couples understand the benefits of creating a contract together, so that everyone’s input is valued.
Yes. Prenuptial agreement attorneys in Los Angeles can help ensure your rights are protected from the beginning. Your prenuptial agreement lawyer will ensure all your finances are outlined accurately, and that the contract is legally binding, so you do not have to worry about a single detail being left to chance.
No. A prenuptial agreement is only used in the event of a divorce, which makes it a direct conflict of interest for one lawyer to represent BOTH parties. Both parties must hire separate lawyers to represent their interests.
