Orange County Prenuptial Agreement Lawyer

Orange County Prenuptial Agreement Attorney

When it comes to marriage, divorce is frequently the last thing that comes to couples’ minds. This may be the reason why some couples are hesitant to consider prenuptial agreements, as it can feel like they are preparing for failure before their married life begins. However, a prenuptial agreement can help protect each spouse in the event unforeseen circumstances arise. An Orange County prenuptial agreement lawyer can help you craft it.

Why Choose Us?

At The Law Offices of Ronda A. Middleton, we can help provide you and your fiancé with a well-crafted prenuptial agreement before you get married. We can ensure that both of your rights are protected and that you both enter the marriage with greater peace of mind. Our knowledgeable legal team in Orange County can help you understand your rights and discuss your financial assets and division of property, so you have the confidence you need as you enter your marriage.

Understanding What a Prenuptial Agreement Is

A prenuptial agreement is a legal contract signed by both individuals before their marriage happens that determines the financial rights and obligations of each person. The prenuptial agreement outlines this information for both during and after a marriage, if it were to end in divorce.

Prenuptial agreements, or prenups, are not just for those who are wealthy. They are also a benefit to those who may have other assets, such as businesses, to protect them in the event of a divorce.

Divorces can be highly emotional times for both parties involved. Should a divorce happen, a prenup can help alleviate the tension and uncertainty of property division and asset protection. This can help prevent misunderstandings in the future and give each partner peace of mind regarding their financial future should the marriage end.

Prenups do have certain regulations in place that must be followed in order for it to be considered legal. An experienced attorney can help ensure the prenup follows the proper guidelines and is fair and suitable for each individual’s circumstances.

California Requirements for a Prenup

There are legal requirements that must be met in a prenup in order for it to be enforceable by law. These requirements can be found in the Uniform Premarital Agreement Act and are generally outlined as follows:

• It must be written and signed by both parties. A verbal agreement is not enough. The agreement must be in writing.
• It must have marriage as a goal. A prenup is only valid if the agreement is made with marriage being the desired outcome.
• It must include financial information. There must be full transparency regarding both parties’ current financial situation. This includes both their assets and obligations/debts, so both sides have a clear and accurate understanding of the other’s financial status.
• Both sides should have legal representation. Both parties should have their own legal counsel to make sure that they are both represented fairly.
• There must be a waiting period. Both sides must wait at least seven days before signing the document. This gives them both time to read, understand, and fully consider the conditions of the agreement they are entering into. This also gives them time to speak with an attorney regarding the terms.

If these requirements are not met, the prenup could be considered invalid by the courts. California also requires that prenups are entered into voluntarily, meaning the agreement cannot be formed as a result of coercion, fraud, or force.

Main Factors in a Prenup

Couples have the freedom to include whatever they desire in a prenup, so long as it is legal and follows the proper guidelines. However, most prenups cover the following goals:

• Property. In California, there is community property and separate property in a marriage. Generally speaking, community property is property acquired within the marriage and separate property is property that was acquired by one of the individuals before the marriage (though there are a few exceptions). With a prenup, a couple can redefine the specifics of property distinctions. For example, they may decide to consider something that would be considered community property as separate property (such as specific income). If these are clearly outlined in a prenup, this can help prevent disputes in the future.
• Alimony. Alimony is also known as spousal support. This is one of the most common issues covered in prenups. A couple may decide on who pays spousal support and what amount. They may also waive the right to spousal support in their agreement. However, the court may override a spousal support agreement if it places one spouse in undue hardship. In order for the court to uphold the agreement to waive support, both spouses should be individually financially stable.
• Debts. Debts can count as community property, especially if a debt was incurred during a marriage. A prenup can protect one spouse from incurring the debts of the other in the event of a divorce.
• Inheritance. In California, surviving spouses have the right to an inheritance, but they can give up these rights in a prenuptial agreement. For example, those who have children from past marriages and want to leave their estates to their children may want to waive their inheritance rights.

What a Prenup Cannot Do

While a prenup can help cover numerous aspects of a couple’s individual assets and responsibilities, there are a few things that a prenup cannot do.

A prenup cannot outline arrangements regarding children, such as child custody and child support. The child’s best interest is the court’s main priority, so these determinations must be made post-marriage.

A prenup also cannot include immoral clauses. For example, a prenup cannot include punishment for one spouse’s infidelity, nor can it include stipulations for personal choices, such as dictating what one spouse may eat or wear. A prenup cannot include illegal dealings, such as encouraging one spouse to not file taxes. Additional non-enforceable clauses include sexual favors, domestic responsibilities, and divorce incentives.

Lastly, a prenup cannot waive certain rights, such as certain pensions or employee benefits. These rights must be waived post-marriage by one spouse.

Why Hire a Prenup Attorney in Orange County, CA?

It is important to hire a knowledgeable Orange County prenuptial agreement lawyer to help ensure that you have a prenup that is fair, legal, and enforceable under California’s laws. There are a lot of complicated legal rules that must be followed when making a prenuptial agreement. These include giving full financial information, following the Uniform Premarital Agreement Act, and including terms that respect California’s limits on things like child support and property split.

An attorney can help you write the agreement and make sure you understand all of its rules, rights, and duties. To avoid conflicts of interest, it is also strongly suggested and sometimes necessary that each party have their own lawyer.

A seasoned Orange County family lawyer can help you understand the complexity of the legal system, secure fairness, and protect your assets. This is especially important if you have a business, a lot of assets, or children from a previous marriage. By preventing conflicts before they happen, an attorney can help lower the stress and cost of future court disputes, which can lead to a better marriage.

FAQs

In California, Is There a 7-Day Law for Prenuptial Agreements?

The 7-Day stipulation for prenuptial agreements in California, states that each party in a couple has a seven-day waiting period before they can sign the prenuptial agreement. This gives both parties time to read, reflect, and consider the details of the agreement before signing it. This also gives them time to discuss the terms with their attorney to ensure that they are fair.

Is a Prenuptial Agreement Still Valid If Our Financial Situation Changes Significantly?

Yes, a prenup remains valid even if there are financial changes unless both parties agree to amend it. However, couples can periodically review their agreement with an attorney to make updates or adjustments as their financial circumstances evolve. This option can be useful for addressing new assets, income changes, or other significant financial developments.

Can a Prenuptial Agreement Be Made After Getting Married?

In order for a prenuptial agreement to be legally binding, it must be signed prior to the marriage. Additionally, if you are already married and want to establish similar protections, you can make a postnuptial agreement, which serves a similar function and can address financial matters and asset splitting.

What Are the Benefits of a Prenuptial Agreement?

Prenuptial agreements give couples financial clarity by safeguarding future inheritance rights, family enterprises, and individual assets. It can also minimize property division conflicts, provide parameters for spousal support, and lessen the financial and emotional burden of a divorce. A prenuptial agreement helps both spouses enter into marriage with clear expectations and a fair plan for the future, providing security and peace of mind for couples with substantial assets or previous marriages.

Contact The Law Offices of Ronda A. Middleton Today

If you and your fiancé are considering a prenuptial agreement, The Law Offices of Ronda A. Middleton can help you craft one that is fair and protects your rights. Contact us today to get started.