Prenuptial & Postnuptial Agreements in Rancho Cucamonga

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Many individuals take advantage of the option to get a prenuptial agreement before marriage. This allows them to protect their personal assets if the marriage should end. At one time, such an agreement was unusual, but currently this is a common legal procedure, particularly with high net worth couples who are seeking to protect their property, bank accounts, stock accounts, and other assets.

What Is a Premarital Agreement?

Family Code Section 1610 defines a premarital agreement as "an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage" and must be in writing and signed by the parties. Unlike other contracts, the agreement is enforceable without consideration. An agreement can be modified or revoked only by a written agreement and signed by the parties. 

The Uniform Premarital Agreement Act applies to any premarital agreement executed on or after January 1, 1986. Under the Act, parties may agree to terms including, but not limited to, property rights, so long as it is not promotive of divorce, life insurance benefits, and choice of law. Further, the Act prohibits certain terms, including but not limited to, an adverse affect on child support and unconscionable terms.

Creating Pre & Post-Marital Agreements

These agreements must be carefully drafted specifically for the individuals involved. As many such agreements are later challenged in court, the exact wording is critical. Even one word out of place can create serious problems.

The Rancho Cucamonga family law attorneys at Family Law Advocacy Group have the legal skills and ability to draft an agreement that is set up for court approval and designed to withstand legal disputes. For those who are seeking a postnuptial agreement, the same holds true. That is why you need a skilled legal professional guiding you through this process.

What Should be Included?

In some cases, a pre or postnuptial agreements may become necessary when a couple is getting married or has been married for several years.

This can be a complex process, particularly if the spouses are not in accord about the critical matters such as spousal support, bills, and other matters. Getting these matters into writing and coming to a resolution as quickly as possible allows a couple to move forward and make decisions about their future, whether it is to resolve the marriage or divorce. Allow our attorneys to help you craft a pre or postnuptial agreement that addresses your concerns and sets your marriage up for success.

Benefits of Prenuptial and Postnuptial Agreements

Here are the main advantages of having such agreements:

• Asset and Debt Protection: Both agreements allow individuals to safeguard assets acquired before the marriage and clearly separate personal debts, ensuring that each party retains ownership of what they brought into the relationship.
• Business and Family Wealth Preservation: They protect family businesses, inherited assets, and heirlooms from being divided or sold during a divorce, ensuring they remain within the family or with the intended party.
• Transparency and Financial Clarity: By requiring full disclosure of assets and debts, these agreements encourage open and honest financial communication, which can build trust and reduce misunderstandings.
• Customized Terms for Unique Circumstances: Couples can tailor these agreements to address specific concerns, such as provisions for children from previous relationships, estate planning goals, or unique financial arrangements.
• Efficient Dispute Resolution: In the event of a divorce, a prenup or postnup can streamline the process by reducing legal disputes over asset division and spousal support, saving time, stress, and legal costs.
• Adapting to Changing Circumstances: While a prenup is established before marriage, a postnup provides flexibility to adjust agreements as circumstances evolve—such as starting a business, receiving an inheritance, or having children.
• Strengthening Marital Stability: These agreements offer peace of mind by providing financial security and clear expectations, which can reduce conflict and help couples focus on strengthening their relationship.
• Fairness and Protection: Both types of agreements ensure fairness by protecting the interests of both parties and providing a legal framework that aligns with their wishes and intentions.

At Family Law Advocacy Group, we understand that navigating the details of a prenuptial or postnuptial agreement can feel overwhelming. Our experienced attorneys are here to guide you through the process with care and expertise. We will work closely with you to ensure your agreement is comprehensive, fair, and tailored to your unique needs and circumstances.

Whether you’re planning for the future or addressing changes in your life, we’re committed to protecting your interests and providing peace of mind. Let us help you lay the foundation for financial security and a stronger relationship.