Roseville Prenup 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.
Negotiating Prenuptial Agreements
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.
What Can I Include in a Prenuptial Agreement in California?
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.