California Prenuptial Agreement Attorneys
Prenuptial Agreements: Your Foundation for a Long Lasting Marriage
In today’s world, many soon-to-be spouses bring substantial assets when they decide to marry. However, due to the complexities of California law and legal issues that can stem from community property division, many parties choose to protect their hard-earned assets with prenuptial agreements. In other instances, a couple may decide they need a postnuptial agreement drafted after marriage.
If you are considering a prenuptial agreement, it is in your best interest to seek help from a knowledgeable attorney to ensure it meets the specific requirements of state law and can withstand legal scrutiny.
Contact Baron Family Law, PC, today at our California law offices to schedule a consultation so we may evaluate your legal needs.
What is the Process Involved in Creating a Prenuptial Agreement?
Determine Objectives
During your consultation, your goals and objectives will be discussed. A valid prenuptial agreement enables you and your future spouse to decide how your affairs and assets will be settled and divided in case of separation or divorce. Your lawyer will work with you to draft a custom prenuptial agreement for your unique situation.
Financial Disclosure
An essential step in the prenuptial agreement process is “full and fair” financial disclosure. Our team ensures that you meet this rigorous standard and that your agreement is enforceable.
Drafting the Prenuptial Agreement
After your consultation, your prenuptial agreement will be drafted within seven (7) business days. Our legal team takes pride in reviewing all legal documents for accuracy to ensure they meet all state guidelines.
Why Does Your Law Firm Conduct an Independent Attorney Review?
Upon completion of the initial draft of your agreement, your future spouse will have the opportunity to have the agreement reviewed. To ensure you are fully protected and that your agreement will have the highest likelihood of enforceability, we require every agreement to have an independent attorney review.
Our lawyers strive to ensure that we provide quality legal services and that you feel confident about the future. Although no specific California law stipulates that prenuptial contracts must be subject to an independent attorney review, our law firm feels that doing so gives clients an extra layer of protection.
Once a final draft has been agreed upon, you will sign and notarize the final agreement. The documents will then be mailed to your future spouse’s attorney for signing and notarization.
What Can Void a Prenuptial Agreement?
Several legal factors could lead to a court ruling that a prenuptial agreement should be invalid. One of the most common reasons is that one spouse did not have sufficient time to review the prenup or seek legal advice. Other reasons may include:
- The premarital agreement was signed under coercion or duress, such as being forced into signing it either by force or manipulation
- One or both parties failed to make complete and accurate financial disclosures regarding their assets and debts
- The prenup contains provisions that violate state or federal law, such as including a waiver of child support
- The overall terms of the prenuptial agreement are unfair or one-sided
An effective prenuptial agreement must also be written, signed, and notarized. If the agreement has a provision waiving spousal support, each party should ensure that their attorneys thoroughly evaluate it.
Why Should I Trust Your Law Firm to Help Me Protect My Assets?
Clients need prenuptial and postnuptial agreements for many reasons, including transferring assets from a previous marriage, protecting business interests, or clarifying their options in the event of a divorce. Regardless of your legal needs, hiring an experienced California prenuptial and postnuptial attorney familiar with the complexities of community and separate property is always wise.
Baron Family Law, PC, is dedicated to helping couples start their marriage knowing that their assets are safe and they can focus on starting their lives together. When you come to us for help, we will listen to your concerns and help you achieve your goals and objectives.
If you would like more information about prenuptial and postnuptial agreements, please contact our California law office at 916-694-1164 to schedule a consultation with a qualified legal team member who can help you determine which options best suit your needs.