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Prenuptial And Postnuptial Agreements

Prenuptial and Postnuptial Agreements Attorney in Diamond Bar

Prenuptial and postnuptial agreements are valuable legal tools that can provide clarity and protection for couples entering into marriage or seeking to define their financial rights and responsibilities during marriage. At Apex Lawyers Inc., we specialize in crafting comprehensive prenuptial and postnuptial agreements tailored to our clients' unique needs and circumstances. Whether you're planning to tie the knot or are already married, our experienced California prenuptial agreement attorneys can guide you through the process of creating a legally enforceable prenup or postnup that safeguards your interests and assets.

For more information on Prenuptial & Postnuptial Agreements In CA, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (909) 306-5985 today.

What Is A Prenuptial Agreement Under California State Law? What Are The Benefits?

A prenuptial agreement, also known as a premarital agreement in the state of California, is an agreement designed for the purposes of two people who are intending to get married.

A prenuptial agreement may benefit couples who have assets they obtained prior to marriage. It is a legal agreement about the disposition of these assets once they get married and in the event of a dissolution of marriage.

There are certain aspects of premarital agreements that can be invalidated at a later point, such as spousal support. In general, they are valid and enforceable in California as long as you comply with the strict laws involving:

  • Timing
  • Rights to counsel
  • Adequate disclosures of what the parties want to obtain through the prenuptial agreement

Prenuptial agreements can address a wide range of issues, including:

  • Asset Division: Specifying which assets are considered separate property and which are marital property, as well as outlining how marital property will be divided in the event of divorce.
  • Debt Allocation: Clarifying responsibility for existing debts and addressing how any future debts will be handled during the marriage or in the event of divorce.
  • Spousal Support: Establishing whether spousal support (alimony) will be paid in the event of divorce, and if so, the terms and conditions of such support.
  • Inheritance Rights: Determining how inheritance rights will be handled, including whether certain assets will remain separate property or become marital property.
  • Business Interests: Addressing the treatment of business interests, including ownership stakes and income generated from business activities.

What Is A Postnuptial Agreement Under California State Law? What Are The Benefits?

What differentiates a prenuptial (premarital) agreement from a postnuptial agreement in the state of California is the timing. A prenuptial agreement is entered into before the parties are married, while a postnuptial agreement is entered into after the parties are married.

Both the prenuptial and postnuptial agreements are a determination of how assets involving the marriage are to be distributed in the event that there is a divorce.

Postnuptial agreements are valid in California as long as the parties comply with the strict rules that exist in California as to postnuptial agreements.

Like prenups, postnups can address a variety of financial matters and provide clarity and protection for both spouses. Common issues covered in postnuptial agreements include:

  • Asset Protection: Defining ownership rights to property acquired during the marriage and specifying how assets will be divided in the event of divorce.
  • Debt Management: Allocating responsibility for debts incurred during the marriage and outlining each spouse's obligations regarding repayment.
  • Estate Planning: Addressing inheritance rights and establishing provisions for the distribution of assets in the event of death.
  • Financial Responsibilities: Clarifying each spouse's financial responsibilities, including contributions to household expenses and savings goals.
  • Cohabitation Agreements: Creating agreements for couples who are already living together but are not yet married, similar to prenuptial and postnuptial agreements.

For more information on Prenuptial & Postnuptial Agreements In CA, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (909) 306-5985 today.

Hear From Past Clients

At Apex Lawyers, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    “They genuinely care about giving their clients honest guidance and taking the best route of action for the circumstances at hand.”
    Mr. Shazad Omar and his assistant Yousney have been absolutely wonderful! They genuinely care about giving their clients honest guidance and taking the best route of action for the circumstances at hand. They were also flexible in payments, prompt in answering questions, and have great communication. I will happily refer others to this business.
    - Ashley H.
    “Highly respected in the legal community.”
    I strongly endorse Shazad. Highly respected in the legal community with an outstanding reputation for client advocacy and dedication.
    - Richard Geller, Fellow Lawyer
    “I highly recommend Mr. Omar.”
    Mr. Omar was very professionally and very helpful with my case. The time he dedicated to me was greatly appreciated, the attention he gave me made me feel at ease with the process. It was a win situation, I highly recommend Mr. Omar.
    - Shannon M.
    “Helpful, professional, fair, and patient.”
    Mr. Omar was extremely helpful, professional, fair, and patient in offering his services. He most definitely was accurate and fair in logging hours and did a wonderful job to ensure my experience was positive from beginning to end. I would (and do!) highly recommend him to others and would personally return for future services if needed.
    - Samar H.
    “Shazad and his team are the BEST!”

    Apex Lawyers, Inc. are very professional and offer excellent services! Shazad Omar was readily available. He gave me great counsel and support throughout the entire process! He and his team are the BEST!

    - Shirley F.

Are Prenuptial And Postnuptial Agreements Just For The Super Wealthy?

It doesn’t matter if you have 500 assets or one asset, prenuptial and postnuptial agreements are for everyone. There are several scenarios where a prenuptial or postnuptial agreement could be beneficial, regardless of wealth.

If we have parties who are in their 50s that are looking to get married, they might have accrued assets or property interests prior to the marriage through various means. Any income from these assets could become community property if no agreement is in place. This would give the other party a potential claim to a portion of the equity of that asset in the event of a divorce.

You may also consider a prenuptial agreement in regard to your 401(K) or other retirement plans. You may have accrued these retirement assets prior to marriage and want to ensure they are protected in the event of a divorce. Your prenuptial agreement may set the determination that your retirement assets are your separate property, as opposed to now having some sort of community property interest that is acquired once there have been contributions to that asset during the marriage.

In this day and age, people are beginning to put their money towards several different investments, such as…

  • Bitcoin
  • Stocks
  • Other assets that appreciate over time

A lot of times, people don’t realize that the second that they incur a taxable gain from closing out a position like those listed above; it also then results in a potential claim for property assets based upon that income.

With the cost of living in California, people are looking for new ways to supplement their income. What they sometimes fail to realize is that what can start off as a small bit of money can appreciate over time. Things like stock and bitcoin can have additional complications once we start dealing with separation through a divorce.

Having the difficult conversation about these assets in discussing a prenuptial or postnuptial agreement could save couples a lot of grief during a divorce that is already stressful.

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