Whittier Prenuptial Agreements Lawyer

Prenuptial agreements are contracts that a couple enters before marriage. Such an agreement can include provisions on how a couple’s assets and debts are divided and characterized in the event of legal separation or divorce. Because California is a community property state, couples risk having their property split evenly by a court under state law if no valid prenuptial agreement exists.

By setting your own terms in a prenuptial agreement, you and your spouse can gain peace of mind and a sense of certainty as you enter marriage. A dedicated Whittier prenuptial agreements lawyer at the Law Offices of Steven Ibarra can meet with you to discuss your goals and options in creating an effective prenuptial agreement. Contact us today to learn more from a seasoned marital agreements attorney.

What is a Prenuptial Agreement?

A prenuptial agreement, also known as a premarital agreement, or “prenup,” is a legally binding contract that can be enforced in court in the event of divorce. The goal of a premarital agreement is to set property division on a couple’s own terms without leaving those decisions up to a judge. Whether a couple is in a high-asset situation or not, prenuptial agreements can help. Assets that can be addressed in a prenuptial agreement include:

• Financial accounts
• Retirement accounts
• Life insurance policies
• Real estate holdingsa
• Business interests

Premarital agreement attorneys will carefully review all assets and liabilities that apply to your situation so the contract covers all potential issues. For a prenuptial agreement to be valid under California’s Premarital Agreements Act, certain requirements must be met, such as:

• The parties must make full and fair financial disclosures to each other about their assets and debts
• Each party must have an opportunity to seek independent legal counsel (not the same attorney as their partner) in advance of the contract being signed
• Terms of the agreement must be fair and voluntary, and expressly agreed to by both sides
• There cannot be any coercion, undue influence, or fraud involved in creating the agreement
• Both parties must have legal capacity to sign a contract, meaning they are both legal adults and have the mental capability to understand the contract’s terms
• Each party must have adequate time to review and consider the agreement, which in California is a minimum of 7 days
• The agreement’s terms must be reasonable and not in violation of public policy or criminal law

Lawyers drafting a prenuptial agreement in Whittier will make sure all legal guidelines are followed so the resulting agreement is legally valid and enforceable in the future.

Benefits of a Prenuptial Agreement

While prenuptial agreements might seem like an awkward subject to bring up to a partner, they can have numerous key benefits for both spouses. Some key advantages of premarital agreements include:

• Avoiding complex and costly litigation over property disputes if a marriage ends in divorce
• Protecting children from a previous relationship so they are not shut out financially if their parent separates, divorces, or dies during the marriage
• Clarifying how debts will be handled, including debts that began accruing before the marriage
• Protecting financial and business interests when one spouse is a high-earner and carries more financial exposure into a new marriage
• Giving couples peace of mind and avoiding uncertainty

A knowledgeable Whittier premarital agreement attorney can discuss all legal options and contract drafting strategies as you consider a prenuptial agreement.

Contact a Whittier Prenup Attorney For Help Drafting Your Agreement

Contact a seasoned Whittier prenuptial agreements lawyer to learn how to safeguard your financial future as you plan for marriage. Our dedicated legal team at the Law Offices of Steven Ibarra is here to answer your call and get started. Schedule your consultation today.