San Clemente Pre and Postnuptial Agreement Lawyer

San Clemente Pre and Postnuptial Agreement Attorney

Prenuptial and postnuptial agreements are common aspects of family law. While there may be some awkwardness in signing such a document before your marriage, a San Clemente pre & postnuptial lawyer can tell you that more people are recognizing the importance of taking this precaution in case the unexpected happens.

At Cianci Law, PC, you can find expert legal help from our Certified Family Law Specialists. That means that we have a special level of understanding and expertise regarding family law issues, such as prenuptial and postnuptial agreements. Given the critical role that this document could play in your life, we help our clients feel confident that their assets and future are protected.

What a Prenuptial Agreement Can Provide

For those entering into a marriage with a significant level of assets, such as property or even a business, securing a prenuptial agreement could provide vital protection. Of course, you hope that you will never have to rely on this agreement, but in the event of divorce, separation, or even death, it could prove to be critical to protecting your assets. These documents will primarily focus on issues related to finances, investments, and property, although they may address other concerns as well, including:

• Asset Protection. In most cases, the primary function of the prenup agreement is to arrange for asset protection regarding someone’s investments, real estate, finances, properties, and business.
• Debt Division. Just as how assets will be handled in the event of a divorce, the element of debts may also be addressed by defining who could be responsible for which debts in the event of the marriage ending.
• Spousal Support. In some cases, the couple may negotiate an agreement regarding what kind of spousal support will be provided if there is a divorce. However, child support determinations cannot be made in a prenuptial agreement.
• Inheritance. Should anyone be in line to inherit anything significant in the course of the marriage, how this will be handled could be outlined as well.

What Can a Postnuptial Agreement Provide?

Oftentimes, postnuptial agreements are created when a couple would like to modify their original prenuptial agreement. These types of agreements are meant to offer the same protections that a prenup offers. However, they are negotiated after the marriage is established.

This means that the agreement will likely run counter to some other important aspects of family law, particularly with regard to property division and spousal support. For this reason, the courts tend to be especially cautious and particular about these agreements, and there is always a chance that the law regarding them could be adjusted.

Because of the greater level of risk involved, there are some lawyers who won’t help with them. At Cianci Law, PC, we will help clients who are looking for a postnuptial agreement. However, both parties will need to have legal representation, and there is no guarantee that something may not later change, voiding the document.

FAQs

Q: How Long Before the Wedding Must the Prenuptial Agreement Be Provided?

A: California law provides protections for those who are getting married with regard to prenuptial agreements. No one should be held hostage on the day of the wedding or the day before so that they are coerced into signing the agreement.

In San Clemente, CA, those who may sign a prenup should have sufficient time to read the document and seek legal counsel to ensure that they understand what they are signing. To ensure that this happens, California requires that a prenup be presented at least seven days prior to the marriage.

Q: What Voids a Prenup Agreement?

A: In many cases, a prenuptial agreement may be challenged. An agreement could be ruled to be invalid if it fails to meet the requirements placed on these documents and those who sign them. For instance, a prenup could be ruled invalid if it was based upon fraud, lacked full disclosure, was coerced, was signed under duress or coercion, was unconscionably unfair, or had other issues. Working with a lawyer could help you avoid this, although there is no guarantee.

Q: Can a Prenup Be Modified After the Marriage?

A: A prenup can be modified, although the process can be particularly challenging. In most situations, the modifications are substantial enough that they will require voiding the prenuptial agreement and drafting a postnuptial agreement instead. It’s important to talk with a family law attorney in San Clemente to understand the risks associated with these agreements, which have a greater chance of being voided than a prenup.

Q: Are Postnuptial Agreements Recognized in California?

A: Postnuptial agreements are recognized under California law; however, they are an aspect of family law that is less predictably and firmly defined than others. This means that there is a greater level of risk involved, and as things change legally, this could impact prior agreements. It’s critical that these agreements be done carefully and involve both parties having a lawyer representing their interests.

Creative Family Solutions Helps Our Clients Protect Their Assets

We understand that creating a prenuptial agreement, or even a postnuptial agreement, can be difficult. When you get married, you plan for it to last, and you don’t want to consider that it may not. It’s important, though, to understand that the future sometimes may not work as planned. These agreements can provide vital protections that, hopefully, you will never have to use. However, in the event that your prenup becomes necessary, you’ll be glad that you made the decision to create it.

For these agreements to be effective, they must be put together properly and conform to the regulations governing them. Failure to do so could risk invalidating a document you were counting on. To be certain that your agreement conforms to this ever-changing aspect of the law, it’s imperative that you work with a lawyer who specializes in family law, like those you can find at Cianci Law, PC.

Whether you need an agreement drafted or are looking for someone to inspect an agreement you’re considering signing, we are prepared to lend our expertise to the situation. Contact us today for help.