Pico Rivera prenuptial agreement lawyers

Posted By Aaron Denton, Uncategorized On August 25, 2020

Any couple needs to enter into a pre-marital agreement before getting married to each other. This should happen regardless of the net worth of each of the parties to the marriage. Prenuptial agreement comes in mostly when entering into a high net worth marriage. The deal comes in hand when the marriage comes to an end; it reduces the complications involved in the separation process, especially concerning finances. The agreement also ensures that both spouses and financially secure, and the children can access the assets in an event where the spouses enter into another marriage.

Prenuptial agreements are governed by the particular laws of the state in which the couples reside. It implies that they may differ from one country to another. The content and manner in which pre-marital agreement will be handled in California may not be the same as New Jersey. However, the parties must have a representation of an attorney who is familiar with the drafting of the prenuptial agreements. The agreement must also address all the possible concerns of each of the parties. In an event where there is a dispute, the document will be admissible in court.

The agreement must be entered into voluntarily by both parties. Suppose the courts decide that one of the parties to the deal did not understand the agreement’s content or was coerced to sign the agreement or that the contract is unconscionable. In that case, the court could nullify the validity of the document. When entering into a high net worth marriage, it is essential to follow all the necessary steps to ensure that your spouse understands all the agreement’s implications before signing it to ensure protection if the marriage comes to an end. Your ex-spouse will not use it against you.

Protection from Debts

Sometimes, one spouse might be into so many debts before marriage. If the wedding takes place without the prenuptial agreement, the spouse will bring the marital debts. Sometimes, the other party may not be aware of the other party’s obligations until marriage occurs. This is a critical issue to discuss before the wedding because if the marriage ends, the other party is likely to inherit his or her spouse’s debts. The prenuptial agreement can put a limitation on the non-debtor spouse’s liability and bar the lenders from going after the marital property to repay the debt.

Protection of Assets

Some laws govern the division of property and support from spouses when marriage comes to an end. The prenuptial agreement can be used to override these laws. The deal will give a specification of how marital and non-marital assets will be divided should a divorce arise. A perfect prenup will provide a good support plan for your estate. It is easier to deal with the distribution of assets where there is a valid prenuptial agreement.

Financial Security for both parties

A prenuptial agreement comes in hand to ensure the spouses’ financial security, especially in an event where one of the parties to the marriage is wealthier. The more decadent party would want to protect their wealth and limit the amount and the extent to which they can offer spousal support should a divorce arise. The spouse who is not so wealthy would also want a promise of financial security or pecuniary assistance in an event where the marriage ends. As a result, the agreement would have protected both parties financially.

Business Protection

A business owner would want to protect his or her business should a marriage come to an end. The protection could be in terms of finances and intrusion from the ex-partner. Without the prenup, the ex-spouse who does not have any claim might acquire a significant portion of shares in that business when the marriage comes to an end. In this case, the business owner will have to buy out the non-owner ex-spouse’s claims, causing detrimental effects in the business’s cash flow, or he or she will have to put up with interference of the non-owner ex-spouse in the business decision making. A prenup would be the ideal route to follow to protect one’s business.

A prenuptial agreement is a useful tool for both parties to a marriage. It helps them protect their businesses, their assets, protect them from debts, and ensure their financial security in an event where the marriage comes to an end. The agreement elaborates everything, including how assets would be distributed should a divorce arise. Signing a prenuptial agreement prevents all the complications that arise when spouses want to separate. Sometimes, violence occurs. However, with the prenup, the divorce will be concluded smoothly without any complications or violence. Make a point of signing a prenup for your peace of mind.

How to Find a Prenup Lawyer: Get a List of Attorneys

To find a prenup lawyer where you live, we advise using local resources, including the state or local bar association.  The bar association has a list of marriage lawyers, prenup attorneys and other legal practitioners grouped by their area of practice.

Search engines often return you links for attorneys practicing family law in your local area. With smart search term combinations, a selection of lawyers who handle prenuptial agreements can be found. Use the terms “prenuptial lawyer”, “prenup lawyer”, or, “prenuptial agreement attorney near me”.  Once the closest lawyers practicing in this area come up, you can start to narrow down the field. 

Find An Attorney Who Has Done Prenups Before

You should be aware that in some cases, an attorney will advertise that they practice in the broad area of family, but they may or may not have experience handling prenuptial agreements. With that being said, as part of the process of hiring a prenup lawyer, your next step should be to call and meet with several attorneys who practice in family law or claim to have experience in prenups.  You can ask them more about their experience handling prenuptial agreements for clients like you and situations like yours.  

Making Your Final Decision

Some criteria you should use to choose your prenup lawyer include: 

  • The services you are seeking
  • The protection you are seeking for you and your belongings
  • The size of your estate
  • Your budget
  • Your comfort level with the attorney

Let’s look at these in more detail.

What Services You are Seeking

You need to be clear what services you need.  Do you need the agreement drafted?  Have you been asked by your fiance to sign an agreement?  Do you need your attorney to handle negotiations?  Are you divorcing and you need help getting some of the clauses in your prenup enforced?  Being certain about what you need will help you narrow down your choice of attorneys. 

What Kind of Protection are You Seeking for You and Your Belongings

Here again, be clear about what you require.  

Think not only about the current state of affairs, but about the future.  Are you considering changing some of your separate property into community property to share with your wife?   Are you concerned about having to assume responsibility for your husband’s debts?  What about when one of you passes away?  Should the prenup include provisions or are you putting a will or a trust in place to distribute your assets?

If you don’t have all the answers, don’t sweat it.  At minimum, knowing what questions to ask is valuable in and of itself.

The Size of Your Estate

If you have a great many valuable assets, then you need an attorney who has experience doing prenups for people with large estates.  If you don’t have much now to protect, then your lawyer should have experience working with clients like you who also didn’t have a big asset portfolio to negotiate.  

Your Budget for a Prenup Attorney

The median cost of a prenup in the United States is $2,500, according to U.S. News and World Report. The lowest amount couples can expect to pay is $1,200 to $2,400 each, but fees can vary widely based on a number of factors. Do your research before setting up meetings with your final contenders. 

Your Comfort Level With Your Prenup Lawyer

Due to the particularly intimate and confidential nature of the information you need to share with your attorney for them to represent you, one criteria you should gauge is your comfort level with them.  A face-to-face meeting with them will help you determine this at the outset.

Indeed, as standard practice, they should adhere to the attorney-client privilege.  If they don’t mention it early, confirm with them what information is privileged that you would share with them and if any information is not. Beyond that, see if you have a good rapport and you feel relaxed speaking with them and sharing information.  If you do, then you may have found your prenup lawyer.