Corona Prenuptial Agreements Lawyer
Find Peace of Mind by Protecting Your Assets Ahead of Time
A prenuptial agreement is a legal document that details how a couple’s marital and separate property should be divided in the case that the marriage ends in divorce. The reason that this agreement is unique and sometimes seen as controversial is due to the fact that it occurs before the marriage is official. A similar document drafted while a couple is currently married is known as a postnuptial agreement. While some spouses-to-be argue that a prenuptial agreement indicates a lack of faith in the upcoming union, others cite the valid reason that it gives peace of mind and a safe plan, just in case.
Matters you should consider for a prenuptial agreement include:
Community Property in California
California is a community property state, which means that all of a couple’s marital property will be divided equally between the two spouses in the event of a divorce. In many cases, there are only two ways to avoid this 50-50 split. You can argue that you should get more property during the divorce due inappropriate, despicable, or criminal behavior conducted by your spouse, such as domestic violence incidents; or you can work with a prenuptial agreement attorney to establish a different method of property division to be used when the marriage dissolves.
Requirements for Creating a Prenuptial Agreement
As with so many proceedings in family law and divorce, a prenuptial agreement is not necessarily the right solution for every marrying couple.
In some cases, it is not even an option at all. In order to create such an agreement, five major requirements must typically first be fulfilled:
- Petition must be in writing
- Voluntary participation from both parties
- Full and fair disclosure of all assets in the document
- No obvious imbalance of property or responsibility division
- Executed by both individuals - third parties cannot complete it
What a Prenup Can and Can't Do
While prenuptial agreements can be helpful in separating property, debts, and other assets as a safeguard in case of divorce, there are certain things it cannot accomplish. A prenup cannot decide child custody or support issues before the couple actually has children. If there are preexisting children, it may, but it may not dictate specific ways to raise the children. Additionally, it may not remove a spouse’s right to receive alimony payments.
Call a Family Law Attorney in Corona with Decades of Experience
If you and your future spouse take the time now to contract a prenuptial agreement, you may be able to protect yourselves from significant emotional stress related to a contested divorce. By resolving questions in advance, you are not predicting or hoping that the marriage will fail, but instead you are taking precaution against a real possibility.
At Hanson, Gorian, Bradford & Hanich, our Corona family lawyers can sit down with you and your fiancé to determine what is important to you in the agreement. By drafting the document with us, you can ensure that your best interests, your future, and your family are all protected.