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Prenuptial & Postnuptial Agreements Get A State Bar Certified Family Law Specialist On Your Side

Prenuptial & Postnuptial Agreements in Rancho Cucamonga

Future-Proof Your Marriage with Family Law Advocacy Group

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.

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Want to find out if a pre or postnuptial agreement is right for your situation? Reach out to Family Law Advocacy Group at (909) 992-0188 for a free consultation.

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.

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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.
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