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Prenuptial/Postnuptial Agreements
Protect Your Assets and Property in Marriage
Marriage is the union of two individuals who come together to share their lives, build a future, and make memories. However, along with the emotional aspect, there are also legal and financial considerations that should be taken into account before saying “I do”. This is where prenuptial/postnuptial agreements come into play.
Since both of them is a contract that is made before or during the marriage, it must be executed and drafted properly. This is where an experienced prenuptial/postnuptial attorney can help you.
Zhamakochyan Family Law Firm is a top-rated law firm in Ventura and Los Angeles County that specializes in prenuptial/postnuptial agreements. Our skilled attorney has extensive experience and knowledge in this area of law and can provide you with sound legal advice to protect your assets and property.
What is a Prenuptial Agreement?
A prenuptial agreement, also known as a premarital agreement, is a contract that is made between two individuals before they get married. The purpose of this agreement is to establish the property and financial rights of each spouse in case of divorce or death.
The main goal of a prenuptial agreement is to protect your assets and property from being divided equally during a divorce. It can also outline the rights and obligations of each spouse in terms of financial support.
A prenup typically includes the following:
- Enumerates the assets owned by each individual.
- Clarifies which properties are deemed marital, if applicable.
- Lists all debts owed by each party.
- Outlines the rights of each post-marriage, or in the event of divorce, separation, or the death of a spouse.
- Allows a spouse to relinquish rights to the other person’s estate.
What is a Postnuptial Agreement?
A postnuptial agreement, on the other hand, is similar to a prenuptial agreement but it is made after the marriage has taken place. This type of agreement is used when a couple wants to make changes to their premarital agreement or if they didn’t have one in the first place.
A postnuptial agreement can address the following:
- The couple’s preferences regarding the distribution of assets in case of death, divorce, or legal separation.
- Their plan for debt repayment.
- Guidelines for spousal support arrangements.
- Allocation of assets, real estate, or other properties.
- Protection of children’s inheritance if one spouse passes away during the marriage.
Prenuptial/Postnuptial FAQs
How Will a Family Lawyer Help?
If you're considering a prenuptial or postnuptial agreement, it's highly advised to consult a qualified attorney. At Zhamakochyan Family Law, our family law attorney in Woodland ensures that:
- Legal documents are properly written, signed, and notarized according to California state law.
- Assets are divided clearly, distinguishing between marital and non-marital property.
- Spousal support is thoughtfully determined, especially crucial when one party sacrifices their childcare career and seeks support post-divorce.
- Asset, property, and debt division aligns with California state community property law.
- Both partners voluntarily sign without coercion, comprehend the terms, and agree to the conditions.
- The agreement is truthful and void of invalid provisions.
- Each party fully comprehends and consents to the entire contract.
- Both individuals understand the legal implications of signing.
- The written document is legally valid.
- Both parties are aware of their legal rights and are encouraged to seek independent counsel for a final review.
Our California law firm, with an experienced attorney, prioritizes client trust and success. When seeking assistance with your prenuptial or postnuptial agreement, be assured that we'll work diligently to safeguard your interests. Contact us to get started today.
What Can't Be Included in a Prenuptial/Postnuptial Agreement?
In California, prenuptial and postnuptial agreements must follow the guidelines outlined in Family Law Code Section 1600 or the Uniform Premarital Agreement Act. However, two significant matters cannot be addressed in these agreements:
- Child custody arrangements (deciding where the child will live in case of separation or divorce).
- Determining the amount of child support or alimony to be paid if the marriage ends.
Clauses related to child custody, child support, or spousal support are not enforceable and must be settled during the divorce process.
When and Why Should I Consider a Prenuptial/Postnuptial Agreement?
Couples often opt for prenuptial or postnuptial agreements for two main reasons:
- Avoiding Community Property Laws in California
To gain better control in the event of death, divorce, or legal separation, many couples in California view these agreements as their "insurance policies." In the state's community property system, assets are typically split equally in a divorce. However, with a prenup or postnup, couples can dictate how property is allocated, deviating from an equal division.
- Clarifying Business Ownership
For individuals involved in a family business, these agreements prevent confusion about how the company will be managed in case of marriage dissolution or the owner's death. Both prenuptial and postnuptial agreements help address complex financial matters, property, debts, and other obligations faced by business owners.
Make Your Prenuptial/Postnuptial Agreement Valid with Zhamakochyan Family Law
If you’re considering a prenuptial or postnuptial agreement, it’s crucial to have an experienced family law attorney by your side. At Zhamakochyan Family Law, we understand the complexity of these agreements and can provide you with sound legal advice to protect your assets and property.
Our top-rated law firm in California has helped countless individuals draft and execute valid and enforceable prenups and postnups. Contact us today to schedule a consultation and gain peace of mind for your future.