Prenuptial Agreement Attorneys in Los Angeles, CA
Few people extensively consider their assets when entering a marriage, however, it is often imperative that you think about what would happen to your estate, should you choose to end your marriage. In the State of California, that often means creating a prenuptial or postnuptial agreement. These documents can be complex, and yet they are often invaluable in the event of challenges in your marriage. The right Los Angeles prenuptial agreement lawyers can help.
Marital agreements can set expectations in your marriage, and encourage open communication. There are several benefits to a well-made prenuptial or postnuptial agreement, but they must be drafted and negotiated properly. Otherwise, they may be unenforceable, require unfair terms, and cause more harm than benefit. When you are looking to protect your estate and support the financial interests of you and your partner, it is crucial that you take care in selecting an attorney.
Outlining Your Financial Rights With Zitser Family Law Group, APC
If you are ready to take your relationship to the next step but want to ensure your asset portfolio is protected from the unexpected, Zitser Family Law Group, APC can help you draft a prenuptial agreement that will start your marriage off on the right foot. To discuss your situation further with a legal team you can trust, contact the Zitser Family Law Group, APC today, and schedule a consultation.
Every couple that is married or is entering into a marriage has a unique financial situation. Your marital agreement should be personalized to address the unique needs of you, your partner, your families, your business needs, and your future goals. A properly made prenuptial or postnuptial agreement can address all your current and future financial needs, but you need the right legal support during this process.
The team at Zitser Family Law Group, APC has more than 20 years of family law experience. We use our knowledge to support you and your property rights and tailor our advice to your intentions and concerns. We answer your questions and help you and your partner make crucial choices about your future. Our goal is to help you protect your quality of life, avoid uncertainty about your finances, and provide effective and discrete legal services.
Types of Marital Agreements
At Zitser Family Law Group, APC, our team of Certified Family Law Specialists in Los Angeles has decades of experience providing legal support for those that have assets to protect, or need representation to defend their interests. A marital agreement, whether it be prenuptial or postnuptial, is a formal contract that determines the distribution of assets, should your estate ever be divided. There are two types of agreements that can successfully defend your interests:
- Prenuptial Agreements: The prenuptial agreement, commonly referred to as a “Prenup,” is a contract created before the marriage that divides assets in the event of dissolution of the marriage, adultery, and other potential marital issues. Prenuptial agreements are common in California law and are generally recognized by the courts when written and executed correctly.
- Postnuptial Agreements: Though similar to prenups, the postnuptial agreement is entered into after marriage and comes with added complications. In the state of California, the courts may believe that a postnuptial agreement was signed under duress due to dependency. Representation by an expert family lawyer can ensure that these agreements are valid and enforceable.
These agreements can make decisions about assets, debts, and even alimony in some cases. The agreements can also address the estate plans of each party and inheritance rights. They cannot, however, make decisions about child custody or child support. There may also be other limitations on what can be included in a marital agreement.
Prenuptial and postnuptial agreements are most useful when couples negotiate the terms together, giving both a better understanding of their rights, obligations, and how they will be financially protected. This clarity is one of the benefits of a marital agreement. Marital agreements can help couples regardless of their financial circumstances, but they are especially beneficial for couples where one or both parties have significant wealth.
The court will generally enforce prenuptial agreements, but will not enforce an agreement that is unfair to either spouse. If the agreement is considered unconscionable, meaning that it puts either spouse in unnecessary financial hardship, the court will not enforce it. Legal representation ensures that parties understand their rights, that terms are clear, and that the agreement is enforceable.
Ensuring Your Prenuptial Agreement is Valid
The Uniform Premarital Agreement Act has governed prenuptial agreements in California since 1986. To ensure that a prenuptial agreement is valid, it must meet the following criteria:
- The agreement was signed upon valid consent, in which both parties must have the mental ability to consent
- The consent to sign must not be impacted by the result of fraud, undue influence, or a mistake
- The agreement must be drafted prior to the marriage and does not go into effect until the marriage is official
- The agreement may include language regarding the couple’s property and finances, but it may not include negative impacts to any children the couple may have
Working with an attorney when drafting, negotiating, and reviewing your marital agreement means you are more likely to have an enforceable agreement. This can also give you more confidence that the agreement will likely be considered fair by the court in the event that its terms need enforcement.
An unenforceable marital agreement can cause significantly more issues. It will not be useful in the event of either spouse’s death or divorce, making it a waste of time, energy, and money. In a divorce, it can actually complicate the process of dividing assets and force couples to start the process from scratch.
What Are the Benefits of a Prenuptial or Postnuptial Agreement in Los Angeles?
There are several benefits for couples, married and engaged, to obtain a marital agreement. Some people wrongfully believe that getting a prenuptial agreement means a couple is prepared to get a divorce. This is not the case. Marital agreements address assets and debts during a marriage and can give each spouse more peace of mind about their financial stability. There are several benefits to having a marital agreement, including:
- Avoiding community property laws. You can determine the ownership of certain assets and how they are split in a divorce. This prevents you and your partner from being subject to state laws on how to divide your assets and debts. California requires the court to divide your assets by community property laws, meaning an equal 50/50 split of marital assets and debts.
Couples can reach an agreement out of court but will be subject to these laws if they cannot make a fair agreement. A marital agreement enables couples to determine the assets each spouse receives and provide for each party’s financial support. - Protecting your financial interests. Couples determine the division of marital property and list assets and debts as separate or community. If one party has a business, the marital agreement can state that the business and its interests are separate property, and determine how the other spouse will be financially cared for. As long as the marital agreement is legally valid and fair to both spouses, the court will uphold it.
- Addressing concerns. Marital agreements can be incredibly beneficial because they enable couples to discuss important financial issues and concerns. If one spouse is concerned about how they will financially support themselves after separation or divorce, the marital agreement can address how they will be financially supported, including through alimony.
This can in turn make spouses feel more comfortable in their marriage without fear of financial instability. It can also help couples improve communication between them right from the beginning of their relationship. - Defining your rights and responsibilities to assets and debts. A marital agreement helps outline what property is separate and what is community during your marriage and in the event of death or divorce. This can help both spouses understand their obligations and abilities throughout their marriage, limiting financial uncertainties.
- Limiting time and stress in divorce. A prenuptial or postnuptial agreement can make the process of divorce much faster. All divorces require the division of property, and this can take time. Couples with complex or high-value assets see unique complications and longer time frames. When a valid marital agreement exists, the division of property can be handled much more quickly because in-depth negotiation or litigation is unnecessary.
- Preserving children’s inheritance. Families, especially mixed families, may have specific assets, heirlooms, and inheritances that they wish to pass on to certain children. A marital agreement can protect these assets from a potential divorce or other circumstances, ensuring that children from prior relationships and children from this relationship receive the assets you wish them to.
There are many other potential benefits of having a marital agreement. However, these benefits only exist when the agreement is done well, is enforceable, and is fairly negotiated between the two parties. That way it is a discussion about the financial needs of each party and protects the interests and assets of both spouses.
Contact a Los Angeles Marital Agreement Attorney
At the Zitser Family Law Group, APC, we will ensure you have an agreement that successfully defends your interests in accordance with Los Angeles and Orange County law. As a member of some of the leading Los Angeles and Orange County organizations, the Zitser Family Law Group, APC has long been a leading voice in serving our clients’ best interests. Our trained, experienced, legal team has successfully represented clients throughout Southern California, and we are happy to do the same for you. Whether you wish to protect your assets before marriage, or you are already married and are seeking additional protection, we are ready to help. Contact our firm today to discuss your situation.
