Understanding California Prenuptial or Postnuptial Agreements
People enter into prenuptial or postnuptial agreements to define and protect important interests later on. While it's true that the idea of a premarital agreement tends to undermine the romance of a wedding, people who have previously been married and divorced tend to take a more realistic view of the function of a premarital agreement.
If you need advice about the enforceability of an existing marital agreement in a divorce, contact the office of Hugh O. Allen, Attorney at Law, in Rancho Cordova. We can help you understand what's at stake in the negotiation and enforcement of premarital agreements.
In essence, a prenuptial or postnuptial agreement varies the provisions of the California Family Code in much the same way that a last will and testament varies the state rules of intestate succession. Within certain limits, a prenuptial agreement can take your property division and alimony issues out of the coverage of state divorce law.
Sacramento prenuptial agreement attorney Hugh O. Allen can let you know whether an agreement in force will maintain its effect in your divorce case. The basic requirements for enforcing a prenup include:
- Full disclosure of each spouse's income and financial condition
- Unrestricted opportunity for each spouse to obtain independent legal counsel before signing the agreement
- Substantial fairness to each spouse both at the time of the agreement and at the time of the divorce
Prenuptial agreements are not intended to take unfair advantage of an inexperienced or financially weaker spouse. They instead are meant to give each spouse the opportunity to define and protect certain important interests with respect to assets, liabilities or income in a manner that could affect a spouse's interests in community property or spousal support.
Keep in mind as well that a premarital agreement will be ineffective to reduce either party's obligations with respect to child support. The law regards the right to support as belonging to the child, so that the parents cannot negotiate terms that would undermine that right.
Sacramento Postnuptial Agreement Lawyer: Call 866-720-3666
Sometimes spouses who would otherwise divorce find that a postnuptial agreement can keep the marriage viable while defining and resolving some of the core problems. In some situations, a significant change in the family's income or wealth during the marriage might make a postmarital agreement advisable. In other cases, the needs or interests of adult children from a prior marriage might need protection in an estate plan that requires a postnuptial agreement to make it work. Other couples find that government benefits, pension rights or other practical considerations might indicate the advisability of staying married.
Find out more about the ways you can benefit from an experienced attorney's advice about prenuptial or postnuptial agreements. Contact the office of Hugh O. Allen, Attorney at Law, in Rancho Cordova.
This does not constitute a guarantee, warranty, or a prediction regarding the outcome of your legal matter.
