Baldwin Park prenuptial agreement lawyers
People today have individual assets that they accrued or acquired before getting married. They more than likely want to protect those assets in the unfortunate event that divorce, separation, or death comes along. These assets include inheritances, business interests, real estate, liquid assets, retirement and pension funds, and other items. It does not apply to assets that have been commingled, developed, and grown during the marriage.
All couples get married with the hope and intention that they will never divorce. The reality, however, is much different. It is important that if you do face a divorce one day, that it is not a messy one. Legal battles can destroy a family, especially when children are involved. It is a shame to have to go to extreme actions to protect individual possessions. Another factor to consider is that there are large legal costs when a divorce is taken to court. Also, final decisions are made by a judge under the state’s family law statutes, which gives you little control over what happens to your assets.
Avoiding a Problematic Divorce
When the couple has tried everything to stay together and finally decides to divorce, it is essential they have agreements between each other that will make the process a good one, not a war zone. Otherwise, they may be consumed by the uncertain and stressful situation a difficult divorce battle may bring. It not only affects them, but it has detrimental effects on the whole family.
Prenuptial agreements, also known as “prenups” or “premarital agreements” are prepared to help people ensure that they have control over their assets and that they agree, as a couple, how assets will be distributed in the event of a divorce.
Common Issues Addressed by Prenuptial Agreements
Couples have the chance to come together before they marry and agree upon important aspects of their legal partnership, their marriage. Below are some issues that prenuptial agreements cover:
Personal and real property such as furnishings, real estate, vehicles, business interests, dividends, profits, distributions, royalties, profit-sharing plans, earned income, bank accounts, pensions, inheritances, life insurance policies, alimony, child support, debts, legal fees, and other interests in common.
Is it Necessary for a Prenuptial Agreement to be Drafted by an Attorney?
Most cases don’t require an attorney, but it is wise that your prenuptial agreement is prepared and drafted by a licensed family law attorney. There are many benefits to working with a lawyer to create a prenuptial agreement, they are as follows:
- Your attorney will help you examine your objectives and goals in preparation for the prenuptial agreement.
- Your attorney will understand your state’s laws and recent court decisions that may impact your certain case.
- Your attorney will explain the provisions of the agreement and guide you on how to handle your affairs according to the language of the prenuptial contract.
Issues with Handling the Agreement on Your Own
Prenuptial agreements are specific to each state. You’ll find plenty of options online that show you how to download an agreement you can print and file yourself. The problem with this is that matters specific to each state will be missed and you will not have the protection you intend to have. One-size-fits-all prenuptial agreements are very risky, thus you get what you pay for. A single error on the agreement can costs you a significant amount of money in the event of a divorce. It is best to be cautious and let a legal professional handle the contract. In fact, both parties have to have their own legal advising team.
Free Consultation with a Prenup Lawyer
It’s important to receive assistance from an experienced legal expert in family law. A well-designed prenuptial agreement can make a big difference during a divorce. A marital law attorney has experienced staff who work diligently to draft quality contracts that don’t leave out important details or present with other mistakes. You’ll be able to stand confidently behind your prenuptial agreement knowing that it covers all the important language to protect your assets as you intended.
A marriage can become even stronger when it is started with the common understanding and planning of your future.