San Juan Capistrano Prenuptial & Postnuptial Agreement Lawyer

Prenuptial & Postnuptial Agreement Attorney in San Juan Capistrano

An Experienced San Juan Capistrano prenuptial & postnuptial agreement lawyer can work with couples who want to proactively and openly plan for their marriage. Prenuptial and postnuptial agreements can be an effective means of clearly defining financial rights and responsibilities when prepared in accordance with California law. Quinn & Dworakowski, LLP, works with clients to prepare an agreement tailored to individual values, financial positions, and long-term outlook.

Hire a Prenuptial & Postnuptial Agreement Lawyer

The qualified attorneys at Quinn & Dworakowski, LLP have more than 100 years of combined litigation experience in Orange County family law. The firm is listed in Best Lawyers, Super Lawyers, and U.S. News & World Report for its work in this area of practice.

This experience forms the basis for a diligent, detail-oriented approach to preparing and reviewing prenuptial and postnuptial agreements, with a focus on compliance and on understanding your financial goals and needs. Our attorneys use this foundation to anticipate potential legal issues at the earliest stages of the drafting process. The result is agreements that are clear and in compliance with California law.

What Are Prenuptial and Postnuptial Agreements?

Prenuptial and postnuptial agreements can be a part of comprehensive financial planning for couples in San Juan Capistrano. Prenuptial agreements are created before marriage. They can state the rights and responsibilities of each spouse regarding income, property, and debts during the marriage and, in some cases, upon divorce. A postnuptial agreement is created after marriage and can address similar issues.

California law sets standards for the enforceability of marital agreements. The Uniform Premarital Agreement Act under California Family Code Sections 1610 to 1617 applies to prenuptial agreements, whereas postnuptial agreements are governed by California Family Code Section 1500, together with case law addressing fiduciary duties. In both types of agreements, courts consider whether the agreement was voluntarily entered into and with informed consent.

The purpose and limitations of prenuptial and postnuptial agreements are important to San Juan Capistrano couples considering them for financial planning through different stages of marriage.

Financial Disclosure and Why It Is Important

Financial disclosure is part of the process of creating prenuptial and postnuptial agreements. It sets a standard of transparency between spouses and their finances. Disclosure involves identifying the assets, liabilities, income, and ownership interests that will be included in or addressed by the agreement. California law treats disclosure as a substantive part of the process and not a mere formality.

Full financial information is usually exchanged between the parties before signing and included as part of the terms or as an exhibit to the agreement. Clear and comprehensive disclosure helps both parties understand how the agreement terms apply to them and their financial position. Accurate documentation of financial information provides a clear framework for defining financial responsibilities and rights for couples in San Juan Capistrano.

Courts And Marital Agreements in Orange County

San Juan Capistrano residents may find that their prenuptial or postnuptial agreement is being challenged or is subject to dispute. In these cases, the Superior Court of California, County of Orange, including the Lamoreaux Justice Center, has jurisdiction over family law matters involving prenuptial and postnuptial agreements.

Courts will oversee family law and marital agreement questions where legal issues may exist. The national average of divorce filings was 2.4 per 1,000 people in 2023. In California, there were 5.88 divorce filings per 1,000 state residents in 2022. For these reasons, marital agreements remain relevant in the Orange County court system.

FAQs

Is a Periodic Review of Marital Agreements Necessary?

Spouses are not legally required to review marital agreements on a set schedule. Regular agreement reviews are a beneficial practice for handling changes in financial situations, property ownership, or other conditions. A periodic review can also help determine if it is no longer advantageous to maintain a previously signed agreement. If updates or amendments to an agreement are made, they should be held to the same legal standard as the original document.

Can a Prenuptial or Postnuptial Agreement Deal With Retirement Accounts?

Prenuptial and postnuptial agreements can address retirement accounts in a marriage, such as how to classify and determine ownership of retirement accounts. Provisions addressing retirement accounts should be carefully coordinated with the relevant rules of the retirement plan. Addressing retirement accounts can be an important aspect of a marital agreement, but it should be done in accordance with California law and the retirement plan’s rules.

Can a Prenuptial Agreement Be Revoked in San Juan Capistrano, CA?

A prenuptial agreement can be revoked in San Juan Capistrano if both spouses decide to revoke the agreement. A decision to revoke must follow certain legal procedures, including the execution of a written instrument that meets California’s execution requirements. An oral agreement or an informal written revocation is typically not effective to cancel a marital agreement.

How Are Ambiguous Agreement Terms Enforced?

Ambiguous agreement terms are enforced by considering the intent and language used when the parties entered into the contract. When provisions are unclear, the circumstances surrounding the parties’ execution of the agreement can be considered to guide the interpretation. Drafting a marital agreement with clarity and precision is key to minimizing uncertainty.

Can a Prenup or Postnup Deal With Religious or Cultural Issues?

California law is clear that premarital and postmarital agreements are for financial and property issues. Couples can still cite personal or cultural reasons for creating the marital agreement, but the court will enforce only the financial terms. Any personal conduct or behavior that isn’t financial isn’t enforceable under a marital agreement, so couples should know the limits of what a marital agreement can do.

Contact a Prenuptial & Postnuptial Agreement Lawyer

Marital agreements are a serious matter that may involve complex legal and financial issues. Hire a seasoned prenuptial & postnuptial agreement lawyer for help. Quinn & Dworakowski, LLP, works with clients who need help preparing and reviewing prenuptial and postnuptial agreements in accordance with California law. To learn more, book a consultation today to speak with an attorney about your goals and planning needs.

Client Testimonials

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“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.

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“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

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Quinn & Dworakowski, LLP – San Juan Capistrano, CA Office

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