Prenuptial Agreements For Monterey County Couples
Thoughtful preparation now can save a great deal of heartache and uncertainty in the future. If you are getting married, own significant assets and are considering a prenuptial agreement, contact R.S.C. Law Group, Inc. As the largest and most proficient family law firm in Monterey County, California, one of our attorneys will guide you through the process of drafting and executing a comprehensive and irrefutable prenuptial agreement.
What Prenups Do For California Couples
Nobody goes into a marriage expecting it will end in divorce, but it pays to be prepared for anything. A prenuptial agreement outlines which spouse will walk away with each piece of community property and whether or not spousal support will be owed from one party to the other. This is especially important after a long marriage in which the spouses have accumulated substantial wealth and own valuable assets, such as a business or vacation home. But virtually anybody going through a divorce would benefit from the clear and efficient division of property that a prenuptial agreement provides.
A prenup can also help you plan for the terms of your and your spouse’s estate plans to carry out the terms of the agreement, as well as the assignment of the death benefit of a life insurance policy. Note that courts generally will not enforce any provision in a prenup related to child custody or child support.
Do I Need An Attorney For A Prenup In California?
While you technically can draft a prenuptial agreement on your own or use a template, doing so without professional help could lead to significant problems. A prenup lawyer can ensure your agreement is thorough and legally enforceable. California has specific laws surrounding prenups, and it is easy to miss important details that could make the agreement invalid or difficult to enforce if you try to handle it without professional legal guidance.
A prenuptial agreement is designed to protect your financial interests in case of divorce, and it is vital that it is a document that has been well-crafted and tailored to your unique situation. Without a strong prenup, you could face a long, expensive legal battle should your marriage end. A prenup attorney can ensure your agreement meets California’s legal standards, covering critical aspects like property division, spousal support and debt allocation. This can prevent disputes in the future, saving you both time and money during an already stressful time.
One of the key reasons to seek legal advice is the complexity of California’s community property laws. If your prenup does not correctly account for these laws, you might find it does not protect your assets as you intended. Working with an attorney means receiving a customized document that fully reflects your needs and complies with state requirements. An attorney can help identify issues that a generic template might miss.
An initial consultation with a prenup lawyer can provide invaluable insight. This consultation allows you to ask questions and understand how your prenuptial agreement should be structured.
Ultimately, investing in professional legal guidance can prevent a much larger financial burden in the future should the marriage end in divorce. For the sake of peace of mind, working with an experienced attorney is often a wise choice.
What If I Got Married Without A Prenuptial Agreement?
It is not too late to protect yourself if you are already married. A postnuptial agreement works the same way as a prenuptial agreement. The only difference is that you and your spouse draft the agreement after you get married.
Not Married? Consider A Cohabitation Agreement.
Many couples live together for years, even decades, without getting married. Despite there being no marriage, you still can shield your assets if your relationship ends, using a cohabitation agreement. A cohabitation agreement is similar to a prenuptial or postnuptial agreement, except that it is triggered by a breakup, not a divorce.
Get Solid, Creative Prenuptial Advice From A Divorce Attorney
Each spouse should be represented by his or her own lawyer while negotiating and drafting a prenuptial agreement. Call us at 831-275-0987 or email our firm to schedule a free consultation with one of our lawyers so you can learn more about how we can help you.
