A prenuptial or premarital agreement allows two engaged partners to determine certain financial and property rights before they get married. In recent years, more spouses are getting a prenuptial agreement before they get married. Martial agreements, including prenuptial agreements, are known to bring value to many couples, even those without significant assets.
A prenuptial agreement can help spouses:
You can only receive the benefits of a marital agreement if it is legally enforceable and clearly addresses the issues that are unique to your relationship and property. When you work with a family law attorney, you can have an advocate for your interests during negotiations and confidence in the enforceability and fairness of the finalized agreement.
The qualified family law attorneys at the Carlos Navarrete Law Firm have more than 55 years of combined legal experience and have served the community in Hanford proudly. We understand how state and local laws interact and the way that they may impact your premarital agreement. We can help you and your partner determine what your financial goals and needs are, now and in the future. This enables us to help you draft and discuss an agreement that is tailored to your unique needs and addresses the issues that are relevant to your property and financial needs.
We understand the requirements in court for an enforceable agreement. Our firm knows how to help partners find solutions in their agreements that meet these requirements. Our caring and communicable team works to find an efficient and beneficial marital agreement that services your interests.
A prenuptial agreement is a contract created and signed by partners prior to marriage, and it becomes enforceable once they are married. This agreement determines the rights and responsibilities of each spouse for any assets and debts that each brings into the marriage. The exact terms in a prenuptial agreement depend on the needs of the spouses that are entering into the agreement, but they frequently include:
A premarital agreement can determine any relevant factors to a couple’s assets and marriage, with some exceptions.
This agreement can enable spouses to avoid a long and costly divorce process. In a typical divorce, spouses must either work together on a separation agreement or have their divorce determined in court. By creating a marital agreement, some aspects of divorce, such as property division and spousal support, can be resolved much more quickly. Spouses will also not be subject to California community property laws if they have a legally enforceable premarital agreement.
In California, prenuptial agreements are governed by the Uniform Premarital Agreement Act (UPAA). This determines the qualifications for a valid or invalid prenuptial or postnuptial agreement, including the terms that couples are allowed to include in the agreement. For a premarital agreement to be considered valid, it must meet several conditions, including:
If a premarital agreement is determined to be invalid, spouses may find themselves facing divorce after having wasted time, money, and resources on an unenforceable agreement. They will still have to either reach a divorce agreement, when emotions and stress are much higher, or be subject to property division by the court.
The 7-day rule for prenuptial agreements in California refers to the amount of time that a spouse must have to consider the agreement before signing it. For the agreement to be legally valid, the spouse who is provided with the final version must have enough time, or 7 days, to read, review, and consider the terms of the agreement. This also gives the spouse enough time to obtain legal counsel if they wish.
There are many couples who can benefit from a prenuptial agreement, but it’s essential that the process be done correctly. The experienced team at the Carlos Navarrete Law Firm can help you determine if a prenuptial agreement could benefit you and your partner. Although some individuals believe that a prenuptial agreement is a precursor to divorce, it can actually give spouses more stability and certainty that they will be financially provided for if there is a divorce. This can give them more security and happiness in their marriage. Our firm can help you create an agreement that is viable and enforceable. Contact our team today.
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