Prenuptial & Postnuptial Agreements
At the Trugman Law Group APC, our prenuptial and postnuptial agreements attorney in Southern California provides exceptionally detailed contracts that allow soon-to-be-married couples, or already pronounced husband and wife teams, to create a fair and binding contract that outlines their financial disposition – and its future should they part.
While we have yet to represent a single person, or couple, in Los Angeles County, Orange County, or Riverside County who believes their marriage will not last a lifetime, divorces do happen. Our Beverly Hills prenuptial agreement lawyer creates an open forum to counter the misconception that prenuptial and postnuptial agreements are designed to keep couples from sharing their wealth, when the truth is, these agreements are an opportunity to fully disclose each person’s financial standing and its future. Prenuptial and postnuptial agreements are an intelligent way to begin an open and honest financial existence together, and our Beverly Hills prenuptial agreement attorney will ensure no detail is overlooked.
What Is Included in A Southern California Prenuptial Agreement?
The California Legislature adopted the Uniform Premarital Agreement Act in California in 1986, which acknowledges that each party has read and agreed to the outlined terms in the prenuptial agreement and that it will go into effect once they are married.
Contained within the prenuptial agreement are an outline of each person’s finances, property and debts, and the agreement on how each will be divided if the event of a divorce.
- Shared property: Property acquired together, or agreed upon assets that will be divided in the case of divorce, including home, cars, or bank accounts
- Debt: Division of debt amongst the two parties, where applicable, upon divorce
- Separate or community property: Property owned by one party before the marriage, which can include earnings during the marriage
- Spousal support terms: Only where they differ from the mandated allowance approved by the state, this segment pertains to how much one party will pay the other should a divorce occur
- Inheritance rights, and will and trust guidelines: These terms usually apply to marriages where one or both people have children from a previous marriage, waiving the new spouse’s inheritance rights so that the children retain the assets
Prenuptial agreements CANNOT include:
- Child custody and visitation rights
- Child support provisions, unless the amount outlined is higher than required by law
- Illegal components or gains
- Personal terms regarding behavior or physical appearance
How Does a Prenuptial Agreement Become Binding in Southern California?
At the Trugman Law Group APC, our prenuptial agreement attorney in Beverly Hills, Southern California provides experienced representation for individuals or couples who are seeking a financial agreement before marriage.
It is important to note that even if you and your spouse have discussed the terms of your prenup, they are not legally binding until they are outlined in the form of an agreement and signed by both parties. Verbal contracts will not hold up in court.
The legal terms of a prenuptial agreement must comply with:
- Full disclosure of each person’s property, finances, and debts
- Full disclosure of the conditions, terms, and rights of the prenuptial agreement once it goes into effect
- Each person must have an independent attorney review the document, or legally waive their right to an independent review before signing
- Allowance of a seven-day period for each party to review the contents of the document, or have their Beverly Hills prenuptial agreements attorney review it before signing
What Is the Difference Between a Prenuptial Agreement and Postnuptial Agreement in Southern California?
A postnuptial agreement is nearly identical to a prenuptial agreement, except that it is created and signed AFTER the marriage occurs. At Trugman Law Group APC, our Beverly Hills postnuptial agreement attorney in Southern California often represents individuals who want to protect assets that become marital assets the moment you say, “I do.”
Those assets can include, but are not limited to:
- Retirement revenue and benefits
- Stock options and earnings
- Real estate purchased during the marriage
- Future earnings
- One person’s inheritance or family assets
A postnuptial agreement will outline how these assets are divided, or if they stay with the person who acquired them.
Why Should Anyone Get a Prenuptial or Postnuptial Agreement in California?
At the Trugman Law Group APC, our Beverly Hills prenuptial and postnuptial agreement attorney views these contracts as a way for couples to enjoy a healthy and happy marriage. There has long been a negative connotation with these agreements where the public believes one person in the marriage is willfully withholding their finances from the other. That simply is not true.
Prenuptial and postnuptial agreements allow a couple to fully divulge their assets and debts to each other while making informed decisions regarding their future financial states. This disclosure will help alleviate any confusion and avoid arguments regarding finances and ownership should a divorce occur. These agreements read clearly and are easily enforced in the event of a divorce, allowing each person to walk away with their agreed upon assets and debts.
Our Southern California family law practice areas include:
- Divorce and Annulment
- Child Custody
- Child Support
- Spousal Support
- Domestic Violence and Harassment
- Civil Restraining Order
- Property and Debt Division
- Community and Separate Property
Contact Our Beverly Hills, Southern California Prenuptial Agreements Attorney Today
If you are getting married and want to explore a prenuptial agreement or are already married and would like to institute a postnuptial agreement, contact Beverly Hills prenuptial agreements lawyers at the Trugman Law Group APC in Southern California at 310-273-8834 to schedule a confidential consultation today.