Rancho Santa Margarita Pre & Postnuptial Agreement Lawyer

Rancho Santa Margarita Pre & Postnuptial Agreement Attorney

Both pre-and postnuptial agreements are legal documents that couples create together. These can protect various assets that they own, both individually and together, if they were to ever separate or divorce. While many people worry that securing one of these legal agreements indicates that they don’t trust the relationship, many others find it responsible to contact a Rancho Santa Margarita pre & postnuptial agreement lawyer to protect what is important to them.

At Cianci Law, PC, we have earned a reputation in Rancho Santa Margarita for crafting quality prenuptial and postnuptial agreements that address some of the deepest financial and personal matters for married couples. We take the time to make sure that all our client’s assets are thoroughly protected in the event the couple decides to divorce in the future. All this effort is designed to reduce future conflict as much as possible in potentially difficult times.

What Is the Difference Between a Prenuptial and Postnuptial Agreement?

A prenuptial agreement, otherwise called “prenup” as a nickname, is a legal contract that two people enter before getting officially married. It clarifies how specific assets and debts will be divided if the couple were to ever request a divorce or legal separation.

For example, if one of the soon-to-be-married individuals is entering the relationship and owns a business, a prenup can specify that the organization will remain fully with the spouse who owned it prior to the marriage. If this is not clarified beforehand, the court may choose to split certain profits or aspects of the business between both spouses, even though the other spouse had nothing to do with the business prior to entering the marriage.

Conversely, a postnuptial agreement has a similar function, but it is created during the couple’s marriage rather than beforehand. Its purpose is the same. It will dictate how the assets and debts that the couple own individually and together will be split if divorce becomes inevitable. However, postnuptial agreements can also be used to update any terms and conditions of their original prenup if certain circumstances have changed.

For example, if one member of the couple receives a large family inheritance during the tenure of their marriage, they may wish to create a postnuptial agreement to keep this within their own possession. Even if there hasn’t been a change in circumstances, like acquiring a new asset or starting a business, the postnuptial agreement option is still available for couples who changed their minds and decided to establish some financial boundaries and protections.

FAQs

Q: Does a Postnuptial Agreement Have to Be Filed with the Court in California?

A: No, there is no legal requirement for a postnuptial agreement to be filed with the California courts to make it official. However, both parties are required to sign the document and have it legally notarized. Without these two factors, the agreement risks not being legally enforceable. A Rancho Santa Margarita family law attorney can supervise the entire process to ensure that it meets all of California’s legal requirements.

Q: Can You Contest a Postnuptial Agreement?

A: Yes, anyone who feels that certain terms of a postnuptial agreement are unfair or that there was suspicious activity involved in its formation has the legal authority to contest its existence. There are many reasons why this happens, such as claims of coercion or fraud. Also, if one party believes that the other party did not fully disclose all their personal assets, the agreement can be contested. These documents are only as strong as they are valid and fair, so challenging any unlawful behavior related to them is encouraged.

Q: How Do I Get a Prenuptial Agreement in California Without a Lawyer?

A: While it’s possible to draft specific terms of a prenuptial agreement in California alone, it is not recommended to advance any further in the process due to the sheer complexity of these agreements. At a minimum, couples will need some type of legal authority to notarize the agreement. However, not hiring a lawyer increases the risk that the agreement would be filled with different errors and omissions, which could bring up challenges in court.

Q: Can a Postnuptial Agreement Be Changed After It’s Signed?

A: Yes, postnuptial agreements in Rancho Santa Margarita, California, are welcome to be amended or revoked, even after both parties have signed the document. However, just like both signatures are needed to make it originally official, they will both be needed again to make this change. The couple is also allowed to revoke the agreement altogether as long as it’s done in writing. Any changes to these documents should be done in collaboration with an attorney to ensure that the edits you want to make are legitimate.

Contact Creative Family Solutions in Rancho Santa Margarita, CA, Today

Pre- and post-nuptial agreements have the power to protect what matters to you most. How you create and enforce these documents is crucial to their viability. Even the slightest errors can prevent you from securing the type of outcome you were looking for. Contact the family law attorneys of Cianci Law, PC, for assistance in creating these agreements today.