Hanford Prenuptial Agreement Attorney

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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:

  • Develop effective financial communication.
  • Provide each spouse with a sense of financial stability and certainty if the couple were to divorce.
  • Protect assets that are important to each individual.

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.

Effective Family Lawyers in Hanford

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.

Understanding the Basics of Prenuptial Agreements

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:

  • How separate and marital assets and debts will be handled during the marriage
  • The rights of each spouse to property if the other spouse dies
  • What property obtained during a marriage won’t be considered marital property
  • The inheritance rights of any children the couple has and/or those from prior marriages
  • How separate and marital property will be divided if the couple divorces
  • Terms for spousal support if the couple divorces
  • Whether either spouse will create a will or a trust to reinforce the terms of the premarital agreement

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.

Legal Requirements for a Valid Prenuptial 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:

  1. Basic contract law. This means that both parties provide valid consent to the agreement, willingly sign the contract, and have the legal and mental capacity to understand the properties and impact of signing a legal agreement. Each spouse must also have time to review and understand the agreement. A contract based on fraud or a mistake is not valid.
  2. Financial disclosure. Both spouses must have received complete and reasonable information about the other party’s property, income, debts, and financial obligations prior to signing the marital agreement. Spouses can voluntarily waive this right.
  3. Legal review. Each spouse has the opportunity to review the agreement with legal counsel. Spouses can voluntarily waive this right in certain cases.
  4. Enforceable terms. Courts will not enforce terms that dictate child custody or child support, as all legal decisions for children must be made in their interests. Courts will also not enforce any provisions that require illegal acts, incentivize divorce, or make non-financial demands of a spouse. The court might only invalidate those specific provisions or the entire agreement.
  5. Fair conditions. The court won’t enforce terms that are unfair or unconscionable. If an agreement only protects one spouse’s property and rights but not the other spouse’s, courts will likely not enforce it. If one party entered the agreement with less bargaining power than the other, the court may determine that is it unconscionable.

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.

What Is the 7-Day Rule for Prenups?

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.

Protect Your Financial Interests With an Experienced Marital Agreement Attorney

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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