Prenuptial & Postnuptial Agreements

Marital Agreement Lawyers in the San Fernando Valley

Drafting Prenuptial & Postnuptial Agreements

Tying the knot, jumping the broom, getting hitched; whatever you want to call it, getting married is a huge milestone in most people's lives. Marriage can be a great journey to embark on and most couples look forward to wedding planning and a long life together. One thing to consider before making your way to the altar however, is drafting a pre- or postnuptial agreement for you and your fiancé. These marital agreements do not spell out destruction. Rather, they are a preventative measure that can help you protect your assets in the event that something does go sour.

Marital agreements are governed by the California Family Code and are seen as a legally binding contract between two people entering into the throws of holy matrimony. These agreements will cover everything from financial issues to property division. Agreements drafted prior to marriage, with the assistance of a dedicated attorney, are called “prenuptial agreements,” and come into full effect after the marriage takes place. In the event that a prenuptial agreement is actually enforced, there are regulations and laws pertaining to the enforcement and legality of the contract itself.

If you are wondering if a marital agreement is right for you, work with an attorney from Cutter & Lax Attorneys at Law. Call (818) 839-2533 today.

Benefits of a Prenuptial Agreement

Some individuals will choose to obtain a prenuptial agreement simply because they are looking out for the best interests of themselves and their partner. There are, however, some other cases where a prenuptial agreement would be beneficial. For example:

  • If you are much wealthier than your fiancé
  • If your fiancé is in debt
  • If you are remarrying
  • If you are leaving your career to be a stay at home parent
  • If you own a portion of a business
  • If you are earn much more than your fiancé

Postnuptial Agreements

When the wedding is over and life settles down around you, you may find yourself looking to settle different affairs including assets and financial situations. A postnuptial agreement can be put into place to help protect what is rightfully yours in the event of a separation or divorce. Postnuptial agreements can be obtained by both heterosexual married couples and same-sex married couples or those who are in a civil union recognized by the state of California.

There may be many different reasons that couples wish to enter into a postnuptial agreement, but almost every agreement is brought forth with the acceptance that in the event that something were to happen to the other spouse, or the couple decides to divorce, assets would be distributed as they wished. Rights in a divorce case are one of the most viable reasons for couples to obtain postnuptial agreements, especially if the couple is considered of high net worth. Marital assets, custody, and alimony may not necessarily be brought into the contract, but could help expedite the process of divorce and would later be written into the final divorce decree.

As a couple gets deeper into their marriage, their needs may change. Obtaining a postnuptial agreement may be best for you if you and your partner have had children or are looking to make changes to a prenuptial agreement. Some therapists and marriage counselors may even advise you on making a postnuptial agreement as a means to clear the air about finances and be a safety net in the event that you do end up splitting. Other couples may take into consideration children from previous marriages and ensure that their futures are protected by obtaining a postnuptial agreement.

Assistance Drafting Agreements

At Cutter & Lax Attorneys at Law, we understand that you are preoccupied with other pre- or post-marital decisions, which is why we are happy to assist you in obtaining your marital agreements in a quick and efficient manner. When you meet with our attorneys, we will discuss every aspect of the agreement and guide you throughout the legal process of drafting and signing your pre- or postnuptial agreement. This process does not need to be drawn out and complicated and our firm can help ensure that. If you are already married and are looking to enforce your marital agreements or make revisions to your existing agreement, contact our firm as well.

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** The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.