Premarital Agreement Lawyers in Southern CA
Prenuptial & Postnuptial Agreements in Newport Beach
Marital agreements are becoming more commonplace and complex as Californians get married later in life, enter into second or subsequent marriages, and find a greater concern for protecting their interests. Nearly half of all marriages in the United States end in divorce, which opens one’s eyes to the need for an agreement that describes how property, assets, and even custody may be managed should this occur.
Thomas Law Offices provides intelligent and experienced guidance related to prenuptial agreements, postnuptial agreements, and marital separation agreements for clients across Southern California. From our offices in Newport Beach and Woodland Hills, CA, we advise clients of all ages and economic statuses of their rights and options when it comes to marital agreements. If you want to make sure your interests and assets are protected in your marriage, now is the time to contact our firm.
Benefits of a Prenuptial or Postnuptial Agreement
When you draft and sign a legally sound marital agreement, you can experience peace of mind in knowing that your interests will be protected in the event of a divorce or separation. This is important no matter your age, health, or the amount of assets you have – if you have anything you would like clarified and decided upon, such an agreement may be in your best interests.
With a postnuptial or prenuptial agreement, you can reach arrangements related to:
- The marital home and other real estate;
- Investments and bank accounts;
- Retirement and pension plans;
- Personal property, vehicles, and other assets;
- Earnings during the marriage;
- Business ownership; and
- Spousal support (in some cases).
Marital Separation Agreements in CA
There is a third type of marital agreement, called a marital settlement agreement (MSA). Couples enter into this type of agreement upon a divorce, and it will contain provisions regarding property rights, custody and visitation, child support, and other necessary issues.
Postnuptial vs Prenuptial Agreement
A prenuptial agreement occurs before a marriage is to be taken place. This form of marital agreement ensures that any assets or debt are taken care of, in the form of responsibilities and liabilities. Prenuptial agreements are also helpful for deciding who gets what if one of the spouses passes away.
A postnuptial agreement is helpful for couples who wish to modify prenuptial arrangements based on new evidence from living with one another, or by discovery of new issues that weren’t seen before. An example of this would be if one spouse became addicted to drugs or alcohol and was not willing to complete a form of therapy.
Are Prenuptial & Postnuptial Agreements Enforceable in CA?
If the agreements follow the requirements to become legal and valid, then they must be followed by both parties that signed it. To become valid, the agreement must be:
- In writing – No oral agreement is valid
- Signed by both parties – Each party member must sign without being forced by threats, physical force, or deception
- Notarized – Finalize the agreement with a notary public
You Need a Skilled Marital Agreement Attorney
Any marital agreement may be quite cumbersome to create and must be able to hold up in court. That is why it is so important to work with an attorney who is experienced with the specific type of agreement that applies to your situation. At Thomas Law Offices, we will work closely with you to correctly outline your goals so your interests can be protected to the fullest extent. We offer experienced legal counsel related to drafting, reviewing, enforcing, and challenging marital agreements.
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