When most couples get married, they have romance on their minds. Many of them do not want to think about what would happen if they were to get divorced someday. However, this is an important consideration for many couples. In fact, most couples would benefit from creating a prenuptial agreement.
Although they often get a bad reputation, prenuptial agreements are a wonderful way for couples to protect themselves from each other’s debt and keep important assets safe from the divorce process. In many cases, a prenuptial agreement helps to ensure that the marriage remains focused on love and commitment rather than on money.
To create a legally binding prenuptial agreement, you need an Orange County family law attorney to help you. Fortunately, the expert prenuptial agreement attorneys at Quinn & Dworakowski, LLP, can help you draft an agreement that is right for you.
For several decades, our team has been representing couples who need help with their prenuptial agreements. Throughout this time, we have gained immense experience in this field and witnessed situations of all kinds. This makes us confident that we can help you navigate any prenuptial agreement needs that you may have.
Our team has a thorough understanding of family law due to our wide range of experience in family law cases, including drafting many prenuptial agreements. This allows us to tailor your prenuptial agreement to your needs and create a binding contract that will hold up in court.
When it comes to creating a prenuptial agreement that works for you and your soon-to-be spouse, no firm in the area is more qualified to meet your needs than our team at Quinn & Dworakowski, LLP.
Prenuptial agreements are contracts that a couple signs before they get married. These documents outline certain terms for the couple’s divorce if they ever decide to split up. A prenuptial agreement can outline several situations, including:
This is not an exhaustive list. Prenuptial agreements can be personalized to your needs if the terms are legal and within the scope of this type of document.
Prenuptial agreements can also separate debts. In most scenarios, couples share debt during their marriage. This may include debt that they accrued individually before the marriage. For example, if one spouse went to medical school and has $200,000 worth of debt, a prenuptial agreement may prevent their spouse from absorbing all or part of that debt in the event of death or divorce.
It is imperative that you hire a qualified attorney to help you draft your prenuptial agreement. These contracts are complicated, and the court will not honor them if they have not been meticulously created. The terms must be legal and fair; otherwise, a judge may reject the agreement, and the process will have been for nothing. To truly protect yourself, it is important to have a prenuptial agreement attorney represent you.
All prenuptial agreement lawyers charge differently for their services, so it is important to discuss finances with them before you hire them. This ensures the best representation and advice throughout your prenuptial agreement process in Irvine, CA.
A: You are allowed, but not required, to have an attorney represent you individually during the prenup process. By hiring your own attorney, you get specialized advice and a strong advocate for your needs. This can be especially helpful if your partner has an attorney representing their interests. If you do not want to hire your own legal counsel, you must sign a waiver of your right to a personal legal review.
A: Although most marriages could benefit from a prenup, only 3-5% of couples sign a prenuptial agreement before they get married. There are many possible reasons that this number is so low. Primarily, many people still view prenuptial agreements as cold and predatory when, in reality, they are extremely helpful in many situations. Many people also falsely believe that prenuptial agreements are for the wealthy, which is untrue. Couples of any socioeconomic status can benefit from a prenup.
A: Many prenups do hold up in court in California. However, it is important to know that there is a chance that your agreement will not be legally binding. The court assumes that your prenuptial agreement is invalid until they review the details. If you did not create your prenup with the help of an experienced attorney, or if its terms are illegal or outdated, the document may not hold up in a California court.
A: The cost of your prenup will depend on the complexity of your terms and how many legal professionals are involved. In some cases, both members of the couple have attorneys, whereas in others, only one mediator or attorney is involved. This can affect the cost of the process. The average cost is $975, but it is possible for the process to cost much more or much less than that.
A: No. If you have a prenup, there is no requirement or pressure for you to divorce. These documents only outline what would happen if you potentially got divorced. The main benefit is that couples can make decisions about their divorce while they are clear-headed rather than when they are emotional or upset.
If you think a prenuptial agreement is right for you, our team has the experience and resources to help you draft the agreement correctly and efficiently. For more information, contact Quinn & Dworakowski, LLP, online.
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