Laguna Beach Prenuptial Agreement Lawyer

Laguna Beach Prenuptial Agreement Attorney

If you and your partner have been researching prenuptial agreements and are starting to consider getting one to benefit your family’s future, reach out to a Laguna Beach prenuptial agreement lawyer for consultation.

What Is a Prenuptial Agreement, and What Does It Do?

A prenuptial agreement is a precautionary, legally recognized family law contract between two individuals that is willfully agreed to and signed prior to marriage. It clearly describes and itemizes each person’s individual assets, property, and debts (premarital property or separate property). The document protects each spouse’s ownership of their independent property while protecting the respective spouse from their debts that predate the relationship.

A prenuptial’s goal is to ensure avoidance of any unfairness in the event of divorce or separation. For it to be successful and useful, it’s critical all assets are disclosed within the document so future disagreements and litigation are less likely.

It may also include which if any, present properties will be shared or given over ownership to one spouse or any prospective properties they’re entitled to. Clauses defining each spouse’s ability to control, manage, or otherwise use properties, including provisions and benefits upon one spouse’s death (life insurance policy), are also to be drafted into the agreement.

Other additional terms include specifications for prospective spousal support, decisions regarding living arrangements following separation, and details pertaining to drafting a trust or will.

What Is Needed for a Prenuptial Agreement to Be Legally Valid?

The agreement must contain a complete and accurate disclosure of all finances (including debts and prior liabilities such as child support or alimony from previous marriages). Lying about or withholding information in regard to property and assets is financial infidelity, resulting in serious consequences and negative effects. If incorrect, it can render the prenup legally invalid.

Each spouse is required to participate freely and of their own volition. If either person was rushed, threatened, coerced, intoxicated, or without the (willful) mental capacity while signing, then the contract is unenforceable and unrecognized by the law. Additionally, each spouse must be allowed ample time and opportunity to consider the terms and consult with legal counsel prior to signing.

Couples may choose to hire one mediating attorney or individual representation. Upon signing the agreement, each spouse is properly informed as well as fully willing and has reviewed the terms and agrees to them with no lingering concerns.

Why You Should Hire a Prenuptial Agreement Attorney

A prenup agreement attorney in Laguna Beach, CA, can correctly, accurately, and thoroughly conduct this contract so it is viewed as legally enforceable in the eyes of the court. Your lawyer will define all properties, assets, liabilities, and debts, as well as outline how these are to be managed and handled in the future so both parties are protected.

They can also review and preside over pre-drafted agreements in the event of ambiguities, like loopholes or other discrepancy errors, so everything is legally recognizable and sound. These professionals understand all relevant federal and state-specific laws. A family law attorney can ensure the verification of relevant documents upon which the prenup contract is built around, making certain a sufficient amount of evidence is compiled and included.

Benefits of Getting a Prenup Contract in California

Prenups are beneficial for a number of reasons and in several scenarios. Besides acting as a contract for pre-married couples, prenuptials can also be applicable for individuals who plan to marry again after divorce, ensuring the fulfillment of financial rights and inherited assets of children from a previous marriage.

If there are previous alimony or child support arrangements, these can be noted and considered during income and expense calculations for prospective alimony or child support. For those with businesses before marriage, all profits/losses and debts are to be viewed as individual property during and after marriage.

The agreed-upon, legally enforceable terms make sure each person is accountable for upholding the outlined regulations and rules. They also include approved provisions or a postnuptial clause for prospective divorce or death of a spouse.

What Cannot Be Included in a Prenup?

Unreasonable or unenforceable terms or any plans for unlawful activities, such as compensation for illicit services, may be in a prenuptial.

They cannot violate public policies, like requiring a certain religious upbringing of future children or provisional penalizations for apparent infringement of morals by a spouse. Child custody and visitation specifications, or terms negatively affecting/waiving liability for spousal/child support, are prohibited.

Favorable draft terms encouraging divorce (ex., a spouse is offered large financial benefits or significant property) can deem the contract as unfair by the judge. An incomplete disclosure of assets or inclusion of non-financial elements in the agreement also subjects it to possible nullification.

FAQs for Prenuptial Agreement Attorneys

Q: How Much Does a California Prenup Cost?

A: The case’s complexity level, the individuals’ amount of assets, any unique/complex terms or clauses, whether there’s one attorney or spouses have independent lawyers, the attorney(s)’ experience level, and if the prenuptial creation process is collaborative or more disputative can all have bearing on costs and time required.

Costs can range from $1,000-5,000. Legal counsel may charge a flat fee or have an hourly rate of $200-350, on average, for the entire process.

Q: Do Both Parties Need a Lawyer for a Prenup in California?

A: Not necessarily; both spouses may choose to have one attorney mediate during the process. It can be advisable for each to have independent legal counsel and representation while the agreement is crafted, if possible. This prevents the unfair development of terms that may favor one party and for each spouse to fully understand the terms they are to agree to and sign for.

Q: Does California Honor Prenuptial Agreements?

A: Courts will view your prenuptial agreement as valid once it’s signed and notarized; it goes into effect as soon as the marriage occurs. It’s entirely honored, enforceable, and legally binding as long as it was done in accordance with the proper procedures and wholeheartedly agreed upon by both spouses with legal counsel present. This means the agreement includes no non-enforceable or unambiguous allocations/terms and doesn’t favor one party over the other.

Q: Do Prenups Expire in California?

A: No, prenuptials never expire unless a “sunset clause” is included as a gesture of trust, which sets an expiration date for the agreement. Agreements may be revised, but any amendments, modifications, or removals must be agreed upon by both parties. These could include adding new or removal of assets and their provisions, adding a postnuptial clause, or more thorough terms for protecting finances.

Prenuptial contracts can be overridden by a properly executed postnuptial agreement that is approved by the court.

Enlist the Support of a Laguna Beach Prenuptial Agreement Lawyer

If you and your spouse are thinking of getting married or soon will be, it could benefit you both and the future of your marriage to consult a family law attorney at Quinn & Dworakowski, who is knowledgeable in the prenuptial process and contract drafting. Contact us today to feel more secure and have peace of mind.