Prenuptial Agreement Lawyer Orange County

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 in some circumstances who will play what role in raising children in case the marriage ends in divorce. It’s a way to think ahead, plan, and prepare if 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 a clear understanding and expectations for both you and your spouse.

Creating a Prenuptial Agreement

Creating a prenuptial agreement doesn’t make divorce any more likely than buying a homeowner’s insurance will make it more likely your house will burn down. It means 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, or if you’ve built up assets or own a business you want to protect, or maintain your separate likeness/being as your own.

Under such an agreement, spouses can agree on how assets or income will be handled during their marriage and what will happen if there’s a divorce. Given that the agreement is between two people who may have differing interests and goals in mind, it is good practice 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 have their own attorney or sign separate writing that says they know they can have one but choose not to.

Marital Agreements

In California, prenuptial agreements are often called “Marital Agreements” because that is their purpose. These agreements can cover issues such as alimony payments after a divorce, distributing assets, or settling any disputes between you and your spouse during marriage.

Prenuptial agreements are not always necessary, but they can ensure that two well-informed people make informed choices about what will happen in the future should they get divorced. It is especially important for business owners, individuals with substantial assets, or those who have been married before to speak with a prenuptial agreement lawyer Orange County beforehand to advise them on whether a prenuptial agreement is the right choice for them.

If one or both parties want to enter into a prenuptial agreement, it is highly recommended that they seek out an Orange County attorney in family law. Since prenuptial agreements differ from state to state, it’s important that the agreement you sign reflects California family law and has been crafted by someone who knows what family law entails. 

With an Orange County prenuptial agreement attorney by your side, you can understand the family law system and how it may affect you in case of a prenuptial agreement. The family law system includes such factors as spousal support payments, child support payments, assets, and other family dynamics. Considering this information is essential when creating a prenuptial agreement because family law largely controls how marital property will be divided should either spouse wish to dissolve their marriage. 

Prenuptial agreements can cover a wide range of topics and will normally be upheld as long as the terms don’t violate the law or public policy, and both parties adhere to statutory procedural requirements.

Prenuptial Agreement Topics

• The rights of the parties to property owned together or separately
• How to divide or dispose of the 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, encouraging open discussions about the couple’s finances. These types of discussions about financial security and expectations can prevent disagreements and build trust between the parties.

In Orange County, there are several ways to obtain a prenuptial agreement. The parties can draft the agreement themselves, obtain attorneys and have it notarized, or each party can hire their attorney to draw up the contract. In Orange County, as long as the terms of the agreement do not violate any state law or public policy, they will generally be upheld by a court.

If a person is seeking an Orange County prenuptial agreement, you should contact an experienced family law attorney should be contacted as soon as possible. Doing so will ensure that there is enough time to have the Orange County prenuptial agreement drafted, notarized, and reviewed by each party’s attorney. Orange County prenuptial agreements are designed to lay out the terms of how each party will be affected in case of divorce or death.

How Prenuptial Agreements Protect You

Prenuptial agreements can protect spouses against various risks like losing money, property, and future earnings if they should ever get divorced. The agreements also help people plan for contingencies like death, disability, or retirement. Orange County prenuptial agreements often establish who will receive what assets in the event of a divorce or death; how debts will be repaid; and whether one spouse would owe support payments to the other. 

Orange County courts generally uphold these contracts as long as they don’t violate state law or public policy. Either spouse is free to change their mind about signing this type of Orange County prenuptial agreement before the wedding. Orange County prenuptial agreements help spouses plan financially for their future, and they also lay a foundation for open communication.

How Children Are Supported in Prenuptial Agreements

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 they would be entitled to by one or both of the parties to the agreement.

A prenuptial agreement is a very important document to have, particularly if you are entering into a second or subsequent marriage. It creates certainty and clarity as to how your financial affairs will be handled in the event of divorce. In some cases, it can even prevent a divorce from happening because those matters that would ordinarily cause conflicts between spouses have been addressed before they become an issue. You should discuss these matters with your Orange County prenuptial agreement attorney so you can have peace of mind about what happens if your marriage ends.

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.