California Premarital & Postnuptial Agreements Lawyer

Protecting Your Assets in Santa Rosa and Los Angeles

Marriage is a contract, and most people do not know its terms. Absent a premarital agreement, upon marriage, spouses are bound to a certain set of terms and conditions governing property and support rights imposed by California law. Rather than simply accept the one-size-fits-all approach of the California Family Code, you and your spouse-to-be can define your property and support rights by an agreement that suits your needs.

After marriage, spouses can also alter their legal relations as to their property rights by postnuptial agreement. Many spouses choose this path to clarify or re-define their financial relationship in order to suit needs that have arisen or evolved since marrying.

Premarital and postnuptial agreements can protect your financial legacy, preserve generational wealth, and provide protections for your financial future in the event of a divorce.

Schedule a consultation with our California premarital & postnuptial lawyer by calling (707) 690-9350 or reaching out online. Let’s protect your future together!

Understanding Community Property Laws in California

Community property laws in California dictate how assets and debts are treated during a marriage.

Our California premarital and postnuptial attorneys can help you deep dive into these aspects:

• Community Property Definition: In California, any property acquired during the marriage is considered community property, which means it is jointly owned by both spouses. This includes income earned, real estate purchased, and other assets obtained while married.
• Separate Property: Property owned before the marriage or received as a gift or inheritance during the marriage is classified as separate property. Separate property remains the sole possession of the individual who owns it.
• Equal Division: In the event of divorce, community property is typically divided equally between the spouses. This applies to both assets and debts.
• Management Rights: Both spouses have equal rights to manage community property. However, decisions about selling or encumbering community property generally require the consent of both parties.
• Debts: Debts incurred during the marriage are generally considered community debts, meaning both spouses can be held liable, even if one spouse did not directly incur the debt.

Importance in Legal Agreements

Understanding community property laws is crucial when creating prenuptial or postnuptial agreements. Couples can specify how they want to handle their assets and debts, potentially altering the default rules established by state law.

These laws aim to promote fairness and equity, reflecting the idea that both spouses contribute to the marriage, whether financially or through other means. If you have more specific questions or need guidance on how these laws may apply to your situation, consult with our legal team.

Key Elements of Valid Prenuptial and Postnuptial Agreements

For both prenuptial and postnuptial agreements to be enforceable in California, they must meet specific legal criteria. It’s crucial to ensure that the agreements are drafted with attention to detail and compliance with state law.

Some essential elements include:

• Full Disclosure: Both parties must fully disclose their assets, debts, and income. A lack of transparency can render the agreement invalid.
• Independent Legal Representation: Each spouse should have their own attorney to ensure that they fully understand the terms of the agreement and that it is fair.
• Voluntary Agreement: Both parties must enter into the agreement voluntarily and without coercion. This helps to demonstrate that the terms were mutually agreed upon.

Protecting Your Agreement: Experience That Matters

California law does not treat your rights in negotiating and entering into premarital or postnuptial agreements the same. The law surrounding each type of agreement is different; not understanding those differences can jeopardize the validity and enforceability of your desire to proactively protect your finances in the event of divorce.

Blevans, Itzkowitz & Cantrell, LLP attorneys routinely work with clients in Santa Rosa and Los Angeles to create valid and enforceable premarital and postnuptial agreements that protect your finances and your future.

Contact Our Firm

Our attorneys can provide the guidance and support needed to create a strong and enforceable agreement tailored to your specific circumstances.

Whether you are preparing to marry and want to protect your individual assets or you’re already married and wish to clarify your financial relationship through a postnuptial agreement, legal assistance is invaluable.

Reach out for a free consultation with a California Premarital & Postnuptial Lawyer. Call (707) 690-9350 or contact us online to get started on your agreement today!