Los Angeles Prenup Lawyers

What Are Prenuptial Agreements?

It is common for couples to sign a prenuptial agreement before they get married. It will establish the financial rights and property rights if a couple were to get a divorce. It is a good idea to get a prenuptial agreement because half of marriages end in divorce. Many people think that prenuptial agreements are just for the wealthy. However, everyone who is getting married should consider getting a prenuptial agreement.

What Will a Prenuptial Agreement Do for Me? Do I need a Los Angeles Prenup Lawyer?

  • Protect a party’s asset
  • Protect the party from taking on the debt of another person
  • Determine how a property will be divided after death
  • Clarify all of the financial rights after a divorce
  • Avoid a long, costly dispute if you were to get a divorce

How to Make Sure That Your Prenuptial Agreement Is Valid

It is important to make sure that your prenuptial agreement is valid. In order for the agreement to be considered valid, it must be fair to both of the parties that are involved. Even though it is possible to come up with your own prenuptial agreement, it is best to have it reviewed by a Los Angeles prenup attorney.

The Benefits of Having a Prenuptial Agreement

  • If one spouse accumulates debt, then it will prevent the other spouse from taking on that debt.
  • If you have a business, then a prenuptial agreement will protect that business.
  • If you gave up a lucrative career to get married, then your prenuptial agreement will ensure that you are compensated for the money that you have lost.
  • It can limit the amount of spousal support that you have to pay after the marriage.
  • Protect the financial interests of the wealthy

What Is a Postnuptial Agreement?

A postnuptial agreement is similar to a postnuptial agreement. The only difference is that you make a prenuptial agreement before you get married, and the postnuptial agreement is made after you get married.

Why People Decide to Get a Postnuptial Agreement?

People decide to get a postnuptial agreement for the same reasons that they decide to get a prenuptial one. However, some people decide to get a postnuptial agreement because they want to change the terms of their prenuptial agreement. It is important to note that neither prenuptial nor postnuptial agreements provide provisions for child support or child custody.

Why a Prenuptial or Postnuptial Agreement May Be Invalidated

  • There is no written agreement-Regardless of the terms and conditions you and your spouse agree to, it will not be valid unless you get it in writing.
  • One or both of the parties were pressured to sign the agreement
  • The prenup or postnuptial agreement has false information.
  • The provisions in the postnup or prenup are invalid

Why It Is a Good Idea to Have an Attorney When You Make a Prenuptial And Postnuptial Agreement

One of the best things that you can do to ensure that your prenup will be valid is to hire an attorney. Your Los Angeles prenup lawyer will make sure that everything in the prenup is fair for you and your spouse. There may also be a time limit that applies. Your Los Angeles prenup attorney will make sure that you meet the deadline.

There are a lot of laws that you and your spouse will have to abide by. That is why it is best to consult with an attorney before you come up with the draft. The Los Angeles prenup attorney will make sure that everyone’s best interests are protected.

Los Angeles Prenup Agreement Lawyers

When you’re engaged, or about to get married, you should have a cautious feeling when it comes to discussing postnup agreements. While it’s true that prenup agreements have a negative perception, it takes the love and romance out of a marriage. The fact is, prenup agreements serve a significant role. Having a prenup allows you to protect your property in a marriage. When you create a prenup agreement, it can be difficult to have a conversation with your significant other. You most likely need the help of a Los Angeles prenup attorney in order to have a valid agreement. At Spodek Law Group, our Los Angeles prenup lawyers can help you create postnup agreements, as well as help you understand what the law allows you to do.

What’s a postnuptial agreement

This is a voluntary, signed contract, between married couples which establishes the terms of dissolution if the marriage fails. Postnup agreements are done after the marriage, and it’s the equivalent of a prenup agreement. It plays a huge role in resolving problems in marriage by getting rid of the potential disagreements over assets, finances, etc. It also helps couples that intended to create a prenup agreement but didn’t have time to address the legal/financial/family issues in case a divorce does happen. Many people think that postnup agreements are invalid, are not as enforceable as prenup agreements in Los Angeles. This is not true. Nuptial agreements are not about when they were signed, they are about the substance and the agreement.

If you want to get a postnup agreement in LA, you will need the help of an attorney who can help. He, or she, will help you come up with an agreement that makes sense. One spouse may want to get a postnup agreement in Los Angeles in order to curb the other spouse.

Los Angeles Prenup Lawyers and Los Angeles Prenup Attorneys

The Importance of Having a Prenuptial Agreement

For starters, a prenuptial agreement is a written contract entered by a couple before marriage. The marriage agreement, a prenup, helps a couple set the terms of the civil union. A prenup defines the legal rights that each partner gets upon marrying and in case of a divorce. Some of the critical issues that prenups solve in advance are how property should be divided, how spousal support (alimony) is to be allocated, and how retirement benefits and savings should be handled during a divorce.Before drafting a prenuptial agreement, the two parties need to have a prenuptial attorney, and preferably one lawyer for each partner. It may seem tedious at first, but the following prenuptial agreement benefits might serve as reasons why you may need to get one:

Define Family Financial Issues Beforehand

As you enter into marriage, one partner may have considerably more wealth than the other. In that case, getting a prenuptial agreement can act as a way of ensuring that your partner does not marry you for the money. A prenuptial agreement defines the properties of one spouse and keeps them separate from the marital estate.

In marriage, money-related conflicts have been highlighted as being among the most intense and divisive issues. Similarly, during divorce, most irreconcilable differences revolve around the division of wealth and property. If you own a business, the process of divorce might put it in jeopardy. A spouse might claim a share of the business’s increase in value during the time of marriage. In such a case, a prenup can come in handy and help to avoid some of these financial conflicts.

2. Prenups help you communicate openly and prepare you for the possibility of a divorce

In most cases, people do not want to enter into marriage, thinking about how it might fail. But consider this, nobody gets car insurance wishing to get into an accident. On the other hand, a prenuptial agreement can help the spouses open up and communicate rationally about wealth. Discussing issues in a prenup can prepare the couple for some of the most challenging conversations in marriage.

On account of the high rates of divorce going on, a prenup agreement would also be realistic. During this conversation, you both open up about your financial status, concerns, and needs. By doing this, you also get to know your partner better.

3. Protect your Family Estate Plan

At times, there are some family properties that you may want to remain within the family at all times. These may be part of your family inheritance or any other cherished assets. This may not have to be left to the court system on where it should go with a prenup. Prenuptial agreements address issues of inheritance and ensure that the estate plan is undertaken according to your wishes.

4. Protection from the other spouses’ debt

Apart from sharing wealth during divorce, debt burdens are also things people get from marriage. Unfortunately, in the same way, some spouses join a marriage union with assets debt is another thing that they might bring in as well. In the event of a divorce, you may not want to creditors coming your way in the name of the shared marital assets.

A prenup can safeguard you from the other spouses’ debt burden even in divorce. The agreement should outline the different assets that each partner comes in with and separate them from the debts accrued during the marriage.

5. Protection of assets during remarriage

If you consider getting remarried after divorce, several challenges might come your way. If your family is joining another family, that means that you are getting into another complicated situation. The two spouses coming together may have different assets and children. This situation might mean that there is a possibility of children, additional assets, and child support.

A prenup agreement can help address arising issues from the previous marriages and define the distribution of wealth if one partner dies or a divorce ensues. In conjunction with a will or living trust, the prenup can ensure that the person’s children inherit what was intended to be theirs.

6. Avoid lengthy court proceedings in the event of divorce

Divorce can, at times, be messy and expensive. In addition to splitting wealth, the parties involved tend to lose a lot in costly legal battles. In addition to your former spouse’s negative feelings, agreeing on dividing property can be a daunting task. Getting a prenuptial agreement before marrying can help solve some of the conflicts and make the whole divorce process more manageable.

7. Set your guidelines on property rights and distribution

The State of California sets policies on how to divide property during divorce. However, you can have control over much of the decision-making if you get a prenuptial agreement beforehand. Occasionally, the property is divided equally. However, to avoid having the courts decide how things should go, a prenup can give you an upper hand. The prenup agreement can also stipulate how property such as insurance benefits are allocated when one partner dies.

In conclusion, a prenuptial agreement can help a couple look at marriage and marriage issues more realistically. It can also help the couple avoid lengthy court proceedings at the time of divorce.

About  Prenups

A prenup (aka prenuptial, antenuptial, or premarital agreement) is a written agreement between two parties.  

Why Should I Do a Prenup?

In an article on Rocketlawyer.com, it was reported that a prenup can, for example, shield you from responsibility for your spouse’s debts and stop arguments if you decide to  divorce

With a prenup, you can: 

  • Lay out how your assets are passed on 
  • Document the ownership of property 
  • Outline the separate property that each person brought to the marriage 
  • Decide the legal ownership of the property, assets and income that are gained in marriage . 
  • Decide how you and your spouse’s finances should be handled. 

In the absence of a Prenup, if you divorce or one of you passes away, the distribution of your assets will be subject to the divorce and probate statutes where you live or where you were married.

prenups in California are sometimes different from marriage and divorce laws

The laws in the Golden State oversee the respective rights and obligations of spouses. Nevertheless, some marital rights can be renegotiated and modified by an agreement. Spouses can decide in advance the terms of their property shares during marriage or, if it should come to it, divorce.  

Terms can for the eventuality of the unfortunate death of a spouse can also be delineated in the contract. 

Indeed, prenups in California are sometimes different from marriage and divorce laws. Agreed upon terms can differ from the default procedure under the state legislation.  

 

The Limits of Prenups

There are several important limitations to the authority of prenups:

  • The California Family Code provides that “[t]he right of a child to support may not be adversely affected by a premarital agreement.” 
  • A judge will only enforce clauses in the agreement that limit spousal support if the spouse whose rights have been diminished had the chance to retain their own legal representation at the time they signed.
  • If the courts deem the waiver of spousal support unconscionable, they can decide not to uphold it and award support. 
  • Any agreement that obligates the future spouses to commit crimes or otherwise violate laws or public policy cannot be valid. 
  • Some life-style clauses, such as those curtailing visits from in-laws or dictating how often you have sex usually cannot be enforced by courts.

How to Do a Prenup Without a Lawyer

As with any contract, you can create a prenuptial agreement without legal counsel.  There are templates around that you can use to draft one up.  What becomes questionable is whether or not your prenup can be later enforced under the laws of the jurisdiction you’re in. 

The requirements of a contract are: 

  1. promises, 
  2. consideration, 
  3. and signature
  4. The stamp of a witness or notary in some states. 

Nonetheless, understand that different jurisdictions has different statutory and case law related to what is and is not allowed in a prenup, and only an experienced attorney would be aware of and have an understanding of what these are for your unique needs.

How Can I Know if My Prenup is Valid?

To be a valid agreement: 

  1. The prenup must be in writing, 
  2. It should be signed by both parties
  3.  The prenup is only valid after the marriage date .

(Domestic partners: your date of registration is akin to the date of marriage, so a prenup would become valid on the registration date.)

If the marriage is annulled at some point, your prenup might not be enforceable, or enforcement may only be possible to a minimal degree.
Of note is the fact that due to the special, intimate kinship between husbands and wives, rumors of a prenup have the potential to bring the suspicion of undue influence. This presumption might be advantageous to either party who could later challenge the validity of the prenup.

The California Family Code outlines that the intimate, fiduciary liaison between spouses “imposes a duty of the highest good faith and fair dealing on each spouse.” 

Judges have the legal authority to sanction any violation of fiduciary obligation by awarding the entire value of an undisclosed asset in a divorce to the spouse that was deceived about it. 

Definition of a Prenup

A prenuptial (aka antenuptial, premarital) agreement, more affectionately known as a prenup,  is a written agreement between two people who are engaged to wed.  

Can a Lawyer Make Their Own Prenup?

Indeed, anyone can represent themselves in court.  All the better if the person representing themselves is a lawyer, and better still if the matter is within his practice.  The same goes for an attorney creating their own prenup.  That said, an attorney would be more sensitive than anyone to the question of whether he or she should biring in counsel to do it for them.  For example, if the lawyer in question specializes in employment law, they would wisely opt to hire a prenup lawyer or a family law attorney to make their prenup.  

Prenups in California are Sometimes Divergent from Marriage and divorce Laws

Family law in the Golden State covers the respective rights and obligations of married people. Nevertheless, there are marital rights that can be renegotiated and modified by an agreement. Spouses can make decisions in advance as to the terms of their property shares in marriage or, if it should end up there, divorce.  

Terms can, for the eventuality of the untimely demise of a spouse, also be delineated in the contract. 

For sure, prenups in California are sometimes divergent from marriage and divorce laws. Agreed upon stipulations can differ from the default procedure under the state law.  

How Can I Be Certain That My Prenup is Valid?

The three basic things that the validity a prenuptial agreement relies on are: 

  1. The agreement needs to be in writing, 
  2. It has to be signed by both spouses
  3. The prenup is only valid after the date of marriage.

In the event that the marriage is annulled at some point, your prenup is in peril of being  impossible to enforce, or the possibility of enforcement may be remote at best.
Notably, the special, intimate kinship between husbands and wives means that any talk of prenups can potentially raise a suspicion of undue influence. This presumption may be advantageous to either person who may later want to question the validity of the prenup in a court of law.

The California Family Code addresses this by stipulating that that the intimate, fiduciary relationship between wives and their husbands “imposes a duty of the highest good faith and fair dealing on each spouse.” 

Family court judges are empowered to impose penalties for any violation of fiduciary obligation by, for example, awarding the whole value of an undisclosed asset to the spouse that was deceived about it. 

 

The Limitations of Prenups in the Golden State

There are several critical limitations to the authority of prenups in California:

  • The Family Code provides that “[t]he right of a child to support may not be adversely affected by a premarital agreement.” 
  • A judge will be wary of enforcing clauses in the agreement that reduce or interdict spousal support if the spouse whose rights have been compromised had the chance to get their own legal representation at the time they signed.
  • If the courts decide that a waiver of spousal support is unconscionable, they can decide not to uphold the prenup and award support. 
  • Any agreement that obligates the future spouses to commit crimes or otherwise violate laws or public policy cannot be valid. 
  • Certain lifestyle clauses, such as those placing limits on visits from in-laws or dictating the details of sexual relations usually cannot be enforced by courts.

How to Make a Prenup Without a Lawyer

Again, it is possible to create a prenuptial agreement without a lawyer.  There are templates available that you can access cheaply.  What becomes a concern is whether or not you make a prenup that can be enforced under the laws of the jurisdiction you’re in. 

The basic requirements of a contract are as follows: 

  1. promises, 
  2. consideration, 
  3. and signature
  4. witness or notary in some states. 

Bear in mind that jurisdictions have different statutory and case law regarding to what is and is not permissible in a prenup, and only an experienced attorney would know and understand what these are to guide you.

Will having a premarital agreement speed up our divorce?

Nobody wants to go into a marriage and prepare for a divorce at the same time. However, the truth is that divorces do happen, despite your best intentions and efforts, and when they do, a premarital (or prenuptial) agreement can be a huge help.
Premarital agreements work out who will get your assets if you do end up getting a divorce. It will determine who will support who after the marriage has ended, or if both parties will be completely responsible for supporting themselves. It divvies up everything from your business and pension to your retirement account, savings accounts and investments. Most lawyers would suggest a premarital agreement, no matter how in love you are at the moment. The hope is that you’ll never have to use it; the reality is that should you get divorced, the premarital agreement will make life much easier.

If you end up getting divorced and you don’t have a premarital agreement, the court will divide up your assets as they see fit. In some states, this means splitting everything completely in half; in other states, it gets more tricky than that and assets are divided based on a number of factors. A premarital agreement, though, guarantees that each spouse will be able to keep what is theirs.

Nobody wants to get divorced, but even worse than going through a divorce is going through one that’s lengthy and drawn out. A premarital agreement can expedite your divorce to get it over with as quickly as possible. When you have a premarital agreement, it means that you and your spouse have already agreed about how your assets will be divided. Certain issues will already have been resolved so that you don’t have to start working through them now, when life is in upheaval and emotions are high. The benefits of having a premarital agreement include the following:
• Your separate property will be protected
• Your estate plan will be supported
• You will define marital property vs. community property
• You will limit the number of conflicts you and your spouse have if you divorce
• You could save money, since many issues will already be decided upon
• You will clarify any special agreements you have with your spouse
• You will set the procedures you’ll both follow for handling issues after the divorce

In order for your premarital agreement to be a help instead of a hindrance during your divorce, it has to be a legally binding contract. This means that it should be executed by an expert, i.e. a divorce attorney. A premarital agreement that’s been executed correctly is technically a binding contract. However, note that even if you had a lawyer draft your premarital agreement, one spouse can challenge the it. For example, they may say that the agreement isn’t completely clear or that it was signed when one of the parties was under duress.

Before you decide for sure that you want a premarital agreement, check out your state’s laws. You may find that the laws protect you in exactly the right way, or even in a better way, which would make a prenuptial agreement unnecessary. If your local law is unclear, speak with an attorney about your best options for protecting your assets should your marriage end in divorce.