Laguna Hills Prenuptial & Postnuptial Agreement Lawyer

Prenuptial & Postnuptial Agreement Attorney in Laguna Hills

An experienced Laguna Hills prenuptial & postnuptial agreement lawyer can help people and couples understand their financial options before and during marriage. Prenuptial and postnuptial agreements can be used to address concerns regarding assets, liabilities, and financial planning under California law. Quinn & Dworakowski, LLP can help clients prepare customized, well-considered prenuptial and postnuptial agreements aligned with their present and future financial and marital goals.

Hire A Prenuptial & Postnuptial Agreement Lawyer

Quinn & Dworakowski, LLP has provided clients with over 100 years of collective litigation experience in family law cases. Our attorneys have been honored as Best Lawyers, Super Lawyers, and by U.S. News & World Report for our professional achievements.
We put our experience to work for clients by helping them draft prenuptial and postnuptial agreements, with an eye toward enforceability and clarity to support informed decision-making.

About Prenuptial and Postnuptial Agreements

Prenuptial and postnuptial agreements are available to Laguna Hills couples seeking greater flexibility in handling certain financial aspects of marriage. In general, a prenuptial agreement is created before marriage, and a postnuptial agreement is created after marriage.
Prenuptial agreements in California usually address potential financial issues the couple expects to face during their marriage. Postnuptial agreements focus on financial events that have already happened during the marriage.

California Law

Prenuptial and postnuptial agreements are both subject to California law, but the legal standards that apply to each are different. Prenuptial agreements are subject to California Family Code sections 1610 through 1617, which are part of the Uniform Premarital Agreement Act, whereas postnuptial agreements are governed by California Family Code Section 1500 and case law interpreting spouses’ fiduciary duties to each other. The enforceability analyses that courts use for each type of agreement differ, even though the two types of agreements serve similar planning purposes. Although drafted and used differently in certain aspects, a prenuptial or postnuptial agreement can be a helpful tool for Laguna Hills couples to have a customized agreement that reflects their goals and priorities.

Financial Disclosure

Financial disclosure is a process that both parties to a marital agreement must complete to enable proper analysis under California law. Disclosure is a listing of information for financial resources, debts, income, and ownership interests that are relevant to the terms of the marital agreement. Disclosure is provided to allow each party to understand the financial picture surrounding their decision to enter into a prenuptial or postnuptial agreement. Disclosure is usually made before signing the agreement and is put in writing as part of the agreement.

Why It Matters

Accurate disclosure ensures transparency in the process and provides the clearest possible foundation for financial terms included in the marital agreement. In reviewing marital agreements, the courts will consider whether the parties voluntarily and knowingly agreed. This may include whether there was full financial disclosure when the agreement was entered. The standards for disclosure and enforceability of marital agreements vary based on whether they are prenuptial or postnuptial.

Courts & Jurisdictions in Laguna Hills

If Laguna Hills residents are involved in a family law dispute that has any element of a marital agreement, either prenuptial or postnuptial, they are in the jurisdiction of Orange County Superior Court – Lamoreaux Justice Center. The Lamoreaux Justice Center is an Orange County location that hears family law cases. As one of many Orange County locations, the Lamoreaux Justice Center handles cases in which disputes over prenuptial and postnuptial agreements require a court’s interpretation or determination of a statutory issue.
In 2023, the national divorce filing rate was 2.4 per 1,000 people. In California, the divorce filing rate was 5.88 per 1,000 state residents in 2022. These divorce statistics for California are slightly above the national rate and provide context for why Laguna Hills residents may have marital agreements entered into court records.

FAQs

What Is the Difference Between Separate Property and Community Property?

The difference between separate and community property concerns how property is owned and can affect distribution upon divorce or death. Generally, separate property is owned by one party, such as property owned before marriage or acquired by gift or inheritance.
Community property is often defined as income or property acquired during the marriage. In California, property ownership is subject to state law, which means marital agreements can change the classification of certain property, but not the definitions themselves.

Can a Prenuptial Agreement Discuss Student Loan Debt?

A prenuptial agreement can discuss student loan debt in various ways, such as by stating that the debt is or is not a separate obligation of one party. It can also address how responsibility for the debt is divided or otherwise allocated. The specific provisions governing student loans should be clear and meet California requirements. Educational debt may be addressed in a marital agreement to avoid confusion about who is responsible during marriage.

Can a Postnuptial Agreement Be Signed Anytime During Marriage in Laguna Hills, CA?

A postnuptial agreement can be signed after a couple is legally married at any time in Laguna Hills, CA. Considerations when the agreement is signed include timing that may affect review, especially regarding disclosure and voluntariness under California law. The state requires that the agreement be signed without coercion and with a full understanding of the terms at the time of execution.

Do Prenuptial Agreements Expire After a Certain Number of Years?

Prenuptial agreements do not automatically expire after a set number of years unless the agreement expressly provides an expiration or modification provision for a specific term. In the absence of an expiration or modification provision, the agreement remains in place until it is amended, revoked, or replaced in accordance with California law. Amendments must be written to be effective.

Contact a Prenuptial & Postnuptial Agreement Lawyer

Engaging in the estate planning process to draft a prenuptial or postnuptial agreement can be a smooth experience with the help of legal counsel familiar with California law. When you hire a seasoned prenuptial & postnuptial agreement lawyer from our firm, we can guide you through the steps and provide a clear, organized path for financial planning. Quinn & Dworakowski, LLP is experienced in representing individuals and couples throughout Laguna Hills on marital agreements. Call our office to schedule your consultation and explore your next steps.

Client Testimonials

⭐⭐⭐⭐⭐
“I cannot say enough superlatives about the lawyers at Quinn & Dworakowski. David Dworakowski is a gifted trial attorney. I was amazed at his skill in my trial and he ran circles around my ex husband’s lawyer. If you are looking for a tenacious attorney who cares only about his client this guy is the attorney for you!
Thank you Quinn and Dworakowski.”
— Aria P.

⭐⭐⭐⭐⭐
“High praise for Quinn 5 stars+++
We have been working with Quinn for the past year and he is outstanding! All of our questions have been answered all of our Issues have been Resolved in our favor! I was referred to Quinn by an acquaintance and I am grateful to her forever! He is understanding, kind, wise, a great communicator, and most importantly got my family everything we asked for and more! We are thrilled with the results working with him and his firm. I strongly recommend hiring Quinn and his firm to represent you if you want success, expert counsel and someone you can trust.”
— Sandy L

We encourage you to read our Yelp Reviews and third-party ratings. Our strong reputation reflects our commitment to personalized service and real results for every client.

Quinn & Dworakowski, LLP – Laguna Hills, CA Office

Irvine Concourse 2050 Main Street, Sixth Floor, Suite 600, Irvine, CA 92614