Dana Point Pre and Postnuptial Agreement Lawyer

Dana Point Pre and Postnuptial Agreement Attorney

Discussing your desire for a prenuptial agreement can be a difficult conversation with the person that you intend to marry. However, it is a valuable tool if a divorce should later occur in protecting each spouse’s separate property. Talking about critical issues and protecting assets ahead of time can actually help a couple avoid problems later. It’s also very important that you work with an experienced Dana Point pre and postnuptial agreement lawyer.

Our team at Cianci Law, PC, understands all of the nuances and challenges, both legally and personally, that a prenup can involve. Our clients, being willing to take these difficult steps to protect themselves, deserve prenup protections that they can feel confident in. That’s why our team, which includes Certified Family Law Specialists, is always up to date on both the law and trends in how courts approach prenups. This is how we create a strong document to protect our clients.

Prenuptial Agreement

A prenuptial agreement describes how certain issues should be handled in the case that a marriage should end. These agreements will often primarily be concerned with the issue of property division, including categorizing either community property or separate property counter to the categorization that it would normally fall under.

Spousal support may also be agreed to and even waived entirely through a prenup agreement. However, this may not be recognized at the time of a divorce if the court believes that it results in a dynamic that is extremely unfair.

Generally, anything that involves children in a prenup agreement will not be considered enforceable because it is the court’s job to ensure that a child’s best interests are being met by any custody decision. However, a couple can agree to more child support than would be required, for example, college expenses. This aspect of a prenup involving children would be more likely to be enforced.

Postnuptial Agreement

Postnuptial agreements and prenuptial agreements are similar, with the primary difference being that a postnuptial is established after the marriage has commenced. In many cases, these agreements are the result of a desire to make changes to a prenuptial agreement.

At Cianci Law, PC, we will work on postnuptial agreements so long as both spouses have counsel and an understanding that these agreements are not always bulletproof, as the law surrounding them could change.

What a Dana Point Prenuptial and Postnuptial Agreements Lawyer Does

The most obvious function of a Dana Point pre and postnuptial agreement lawyer is that we are responsible for crafting a document that meets the parameters of the law and is likely to be enforced. The other significant role that we are able to take on for our clients is as advisors.

We can help you understand what would make an agreement more likely or less likely to be enforced. Additionally, if you haven’t pursued a prenup agreement yourself but have been asked to sign one, we can advise you regarding what the agreement describes and the impact of signing it, as well as suggest possible modifications based on your desires.

FAQs

Q: How Much Time Must You Allow the Other Party to Consider the Prenup?

A: You must allow the other party at least seven days to consider a prenup agreement. California requires that the other party have at least seven days to avoid someone using the pressure of an imminent wedding to coerce them into an agreement. Seven days, though, should give them the opportunity to review the agreement with legal consultation. This should allow them to fully understand the consequences of what they are agreeing to by signing the prenup.

Q: Will a Prenup Be Recognized in Court?

A: In Dana Point, CA, a prenup will be recognized in court so long as it meets the legal requirements set out by the Uniform Premarital Agreement Act in California, along with the 2002 amendments. Those amendments require that the spouse have had complete information regarding the other spouse’s finances and property before they signed.

They must also have had seven days of time allowed between receiving the agreement and signing. Additionally, with very limited exceptions, they will also need to have been represented by a different attorney.

Q: Is a Dana Point Prenup Lawyer Necessary?

A: A prenup lawyer is generally going to be necessary for those who want an agreement that they can feel confident in. These documents and the conditions to which they are agreed will be highly scrutinized if they are needed in the case of divorce or death. You want an agreement that is up to the latest legal standards and expectations, and the only way to feel certain of that is by working with a skilled, informed, experienced Dana Point prenup lawyer.

Q: Why Should I Consider a Prenup Agreement?

A: You should consider a prenup agreement as a means of protecting yourself in case the worst should happen. Given the stigma and awkwardness involved in asking your spouse to sign a prenup agreement, many people are hesitant to pursue one. However, particularly for those with significant assets or means, the protections a prenup offers can be well worth the challenges involved in getting one agreed to.

We Can Help You Protect Yourself – Creative Family Solutions

We understand that nobody really wants to plan for the end of a marriage that hasn’t even started. It is a time of hopefulness, and for most couples about to get married, it’s hard to see the possibility of it ending. However, there is always a risk that something unexpected could happen. The future is unknown, and you may benefit from the steps that you take now to protect yourself.

You need a prenup agreement that you can feel confident will protect you if you ever need it. At Cianci Law, PC, we craft robust agreements for our clients. This is an area of law that is regularly evolving, and we are always on top of the latest that lawyers need to know. We also understand how this can be a sensitive subject, and our experience can be helpful in handling the issue. Contact us today to discuss why you may need a prenup agreement and what we can do for you.