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Having an experienced family law attorney help you formulate a prenuptial or postnuptial agreement doesn’t mean that you don’t love or trust your spouse-to-be. It means that you would rather be in control of how your property is distributed, your assets and debts divided and who gets what in the unfortunate event of a divorce. It means that you are a pragmatic planner for the uncertainties that the future may hold and you do not want a California divorce court dictating how your finances, assets and debts will be dispersed.
A prenuptial agreement is simply a legally binding document which allows the spouses to control the manner in which the property and relationship will be addressed in the unfortunate event of a divorce. A family law attorney can also assist you in drawing up a postnuptial agreement, or a set of legal guidelines similar to that of prenup, but executed after the marriage has taken place. This kind of agreement requires a good deal of expertise because once you are married, you owe your spouse the highest duty of good faith and fair dealing. A postnuptial agreement can be set aside by one spouse if it was not executed properly.
Although prenuptial or postnuptial agreements are an option for any marriage, they should be considered essential in the following situations:
- One or both of you owns an interest in a business. A family law attorney will be critical in crafting a prenuptial or postnuptial agreement that will ensure if your marriage ends, your spouse does not become an unwanted business partner. Without a premarital arrangement, your spouse could end up owning a share of your business.
- This will be a second marriage for one or both of you. Your family law attorney can create a prenuptial or postnuptial agreement that will ensure that when you pass away, your assets are distributed according to your wishes, your estate plan is upheld and that neither children from a prior marriage, nor your new spouse or children are cut off.
- One of you is wealthier than the other. A prenuptial or postnuptial agreement will protect both parties in a situation where one partner is coming into the marriage with significantly greater financial assets than the other. Your family law attorney will protect the assets and estate of the wealthier partner while ensuring that the partner who is weaker financially is protected.
- One of your salaries is much higher than your partner. A family law attorney can craft a prenuptial or postnuptial agreement that can be used to establish guidelines both for the amount of spousal support that is payable upon divorce and for how the income is to be characterized during the marriage.
- One of you has significant debt. An experienced family law attorney will draft a prenuptial or postnuptial agreement that can help ensure that you will not be held financially responsible for the debts accumulated by your partner before your marriage.
- One of you will be a stay at home parent. Quitting your job will negatively impact your income and your wealth. A prenuptial or postnuptial agreement created with help of a family law attorney can ensure that the financial obligation of raising children is shared by both of you.
Rojas Family Law, Inc. is able to provide Family Law Services to all of California, with a focus on Sacramento, Solano, Contra Costa, Placer, San Joaquin, Stanislaus, Napa, Marin, Yolo, San Francisco and El Dorado Counties.
Our goal is to always assist you with the utmost respect and attentive response in a prompt and professional manner. Call (916) 515-7020 or request your consultation online today to see how we can help you.
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