Huntington Beach Prenuptial Agreement Lawyer

Huntington Beach Prenuptial Agreement Attorney

Establishing a prenuptial agreement before a marriage can be a strong and helpful step for a couple. Since money and finances represent one of the most contentious issues for couples in a marriage, taking steps to outline property rights and financial liabilities ahead of time can protect both individuals and even strengthen the couple. If you are planning to get married, it is important to discuss marital agreement options with a qualified Huntington Beach prenuptial agreement lawyer.

Prenuptial Agreement Preparation in Huntington Beach, CA

The family law team at Quinn & Dworakowski, LLP, has been representing couples and families throughout Huntington Beach to resolve family law matters and establish stronger futures. Our comprehensive knowledge of family law and decades of experience help our attorneys create personalized drafts of marital agreements that are tailored to every individual and couple’s needs. We can help you and your partner avoid common pitfalls and establish a legally sound prenuptial agreement.

What Are Prenuptial Agreements?

Prenuptial agreements are legally binding contracts that couples enter into before getting married. This agreement is intended to outline particular terms in the event the couple divorces.

Despite their reputation, prenuptial agreements can be an effective way for couples to ensure their marriage keeps focused on the things that brought them together without introducing factors that may drive them apart.

What Can You Include in a Prenuptial Agreement?

Prenuptial agreements in Huntington Beach, CA can do many things for a couple, depending on how they are structured. For instance, individuals can protect their prospective spouses from liability by separating debts and can keep businesses separate from community property. Most commonly, prenuptial agreements include the following:

• Property division. Since California is a community property state, many couples find it beneficial to separate certain assets in advance, outlining how they wish for assets to be divided upon either death or divorce.
• Property separation. Some prenuptial agreements can make provisions for how future assets will remain separate property rather than become community property after marriage.
• Debt management. Debts and liabilities fall under the same property laws as assets and can also, therefore, be outlined in a prenuptial agreement. Many couples may wish to protect their future spouse from financial responsibility over certain personal debts that they may acquire.
• Business ownership. Businesses owned prior to a marriage may technically be separate property, but any capital invested into the business during the marriage becomes community property. A prenup can outline provisions to keep business interests separate.

What Can You Not Include in a Prenuptial Agreement?

Despite their legal flexibility, there are several family law matters that are beyond the purview of marital agreements. They include:

• Child custody and support terms. Prenuptial agreements cannot outline terms for child custody or child support, as these are determinations for the court to make. These decisions will follow what is in the interest of the child’s well-being at the time of the divorce and cannot be decided ahead of time or by the couple themselves.
• Spousal support waiver. Similarly, a prenuptial agreement cannot deny either spouse future alimony by attempting to waive support in the martial agreement. Courts will only enforce agreements it deems fair.
• Illegal provisions. If a prenuptial agreement has any terms or clauses that would violate public policy or state law, then it would not be enforceable. Further, the entire agreement could be invalidated as a result.
• Individual duties and responsibilities. The prenuptial agreement is a legal tool for helping provide outlines for how property concerns will be carried out during and after the marriage. Attempting to include behavioral guidelines that dictate each spouse’s responsibilities or duties in the relationship during the marriage is a misuse of this legal system and is not enforceable.

FAQs

Q: How Much Does a California Prenup Cost?

A: In California, the cost of creating a prenuptial agreement can range from around $1,000 to $5,000 or more. The specific costs will vary depending on both the complexity of the agreement and the experience of your attorney. Debt level, income disparity, and provisions for children from previous marriages can all complicate an agreement, as can lengthy negotiations as a result of disagreements. It is important that you discuss costs and fees with your attorney before you begin.

Q: Do You Need a Lawyer for a Prenup in California?

A: California law does not require obtaining a lawyer to complete a prenup; however, doing so is highly recommended. As a legally binding contract, a prenuptial agreement can have a significant impact on you and your spouse’s future. By working with a qualified attorney, you can ensure that the agreement is fair and legally sound, avoiding any future court challenges over its enforceability. An experienced attorney can help make sure your prenup complies with all of the state’s regulations.

Q: Can I Write My Own Prenup in California?

A: Legally, you can write your own prenup in California. However, doing so is inadvisable, as you risk having your agreement challenged and invalidated by a court for failure to comply with legal regulations. For example, California requires fully disclosing all assets and liabilities when drafting marital agreements. Failure to properly do so can void the agreement. It is recommended that even those who do draft their own agreement have a legal professional review the document before finalizing it.

Q: Does California Honor Prenuptial Agreements?

A: California law honors prenuptial agreements, provided they are legally sound and adhere to all related regulations. If the court determines that the agreement was drafted in a fair and reasonable manner, it can uphold the terms of the agreement. The terms of the agreement must also be free from unlawful provisions. For example, child custody and child support arrangements cannot be outlined in a prenuptial agreement but must be decided by a court.

Contact Your Huntington Beach Prenuptial Agreement Lawyer Today

There are many reasons for couples to choose to establish a prenuptial agreement. By working with a qualified and experienced attorney, like those at Quinn & Dworakowski, LLP, you can ensure that your agreement will be legally sound and that you and your partner will be protected in the future. To get started or to have your questions answered, contact our office today.