Roseville Post & Prenuptial Agreement Attorneys
Drafting Prenuptial & Postnuptial Agreements in Roseville, Sacramento & The Surrounding Areas
While bringing up the subject of a prenuptial agreement or postnuptial agreement can be stressful and must be done delicately, these agreements play an essential role in protecting each spouse’s property rights in the event of a divorce. These agreements are used to protect your own separate property, the inheritance rights of children from prior relationships, and your business partners. At Cecil Cianci Law, PC, our pre- and postnuptial agreement lawyers use our extensive knowledge of family law to provide reliable advice, so you can make an informed decision.
What Does a Prenuptial Agreement Cover?
In California, your agreement should delineate finances, assets, and property. This includes things like your house, retirement savings, stock portfolio, and business investments. Every prenuptial agreement is unique – just like every marriage – and should be designed to meet the needs of both parties.
Prenuptial agreements, also called premarital agreements, can play a positive role in a marriage. These agreements enable a couple to define their arrangement on their own terms, rather than abiding by California’s community property laws to make the determination. In order for a prenuptial agreement to be valid, certain procedures must be followed.
For a prenuptial agreement to be considered valid:
- It needs to be in writing—not oral.
- It must be voluntarily signed with no coercion, threats, or force used by one spouse against the other.
- It has to be fair to both sides.
- Each party must fully disclose information regarding assets, property, income, and debt.
- Each party must be represented by his or her own attorney when spousal support will be waived or limited in the agreement.
California law contains these provisions to ensure that all prenuptial agreements and postnuptial agreements are truly voluntary and both parties have legal representation and sufficient time to read the agreement before signing.
How Does a Prenuptial Agreement Affect a Business?
Do Prenuptial Agreements Affect Inheritance Rights?
Can a Prenuptial Agreement Cover Premarital Debt?
Drafting a Valid Postnuptial Agreement
A postnuptial agreement is negotiated and drafted during the marriage, rather than before the wedding. The agreement describes what will happen in the event of a divorce or separation. California law recognizes postnuptial agreements, but requires a variety of formalities and disclosures for the agreement to be valid. Our pre-and postnuptial agreement attorneys in Roseville can advise you and help you draft and review a postnuptial agreement that meets all legal requirements.
Reasons that Couples Get Prenuptial Agreements in California
Prenups for California couples have become increasingly common. Some of the most frequently given reasons for getting a prenup include:
- Previously been married and/or have children – Getting a prenup in this situation can help protect the assets you already have, including child support or property you got in a divorce settlement. It can also help safeguard the assets you intend to hand down to your children or trusts that you have set up for them. Of course, a solid estate plan is also necessary to do that.
- If a spouse plans to stop working or work part-time after getting married or having children –A prenup can help protect the spouse in this situation. Getting back into the job market after a divorce is not always easy or quick. You will need some financial help until you are able to do that.
- A disparity in wealth going into the marriage – If you have considerably more assets than your partner, you will want to protect those. Meanwhile, the spouse with less money may want to help ensure against a drastic lifestyle change if the marriage ends.
- If one or both spouses are bringing considerable debt into the marriage – A prenup can help protect you from personal financial disaster. You do not want to be stuck paying off an ex's loans and/or having your credit score ruined.
- People who are in business – A prenup can help protect it from falling into an ex's hands. This can be particularly important if a business has been in the family for many years.
If you married without a prenup, you could always get a post-nuptial agreement. Many couples do that as their financial situation changes over the years - either individually or jointly.