Prenuptial Agreement Attorneys
We all want more certainty and predictability in our lives. If you’re getting married, a pre-nuptial agreement can provide these to you. A properly drafted agreement can spell out who will be entitled to what assets, who will get what support and who will play what role in raising children in case the marriage ends in divorce. It’s a way to think ahead, plan ahead and prepare in case a future divorce occurs. Kaufman Steinberg has seen many cases where such an agreement could have spared the parties much anguish, expense and aggravation. We can draft a prenuptial agreement for you to enable you to move forward with your marriage with clear understandings and expectations for both you and your spouse.
Creating a prenuptial agreement doesn’t make a divorce any more likely than buying homeowner’s insurance will make it more likely your house will burn down. What it means is that you’re very rational, thoughtful and have had very important discussions and understandings with your future spouse before the marriage takes place. These documents can be especially helpful if this is not your first marriage, if you have children from a prior relationship and/or if you’ve built up assets or own a business you want to protect. Under such an agreement, spouses can agree on how assets or income will be handled during their marriage and what will happen to them if there’s a divorce. Given that the agreement is between two people who may have differing interests and goals in mind, it is a good idea for each spouse to be represented by their own attorney when creating a prenuptial agreement. California law recognizes this fact by requiring each spouse to either have their own attorney, or sign a separate writing that says they know they can have one, but choose not to.
Prenuptial agreements can cover a wide range of topics and will normally be upheld as long as the terms don’t violate of the law or public policy, topics such as
- The rights of the parties to property owned together or separately
- How to divide or dispose of property in the event of a divorce
- The making of a will or trust to carry out the agreement, and
- The ownership and disposition of a death benefit from a life insurance policy
- Whether spousal support will be paid on divorce, how much and how long
Each party's assets and debts must be disclosed, which encourages open discussions about the couple's finances. These types of discussions about financial security and expectations can prevent disagreements being and build trust between the parties.
California has an interest in making sure children are supported and maintained by their parents, so the prenuptial agreement's terms will not be considered enforceable by a judge if those terms adversely affect the rights of a child to support that he or she would be entitled to by one or both of the parties to the agreement.
If you are planning on getting married, you should consider entering into a prenuptial agreement. Doing so can create an atmosphere where you and your future spouse openly discuss your finances, plans and expectations. Taking time in advance to create such a document can save enormous time and resources in the event your marriage fails. Contact Kaufman Steinberg today so we can help you contact a Pre Nuptial Agreement Attorney Orange County based practitioner to lay the foundation for better understanding and security between you and your future spouse.