Whittier Marital Agreements Lawyer

Marriage can have long-term impacts on the financial prospects of both spouses entering into the relationship. While splitting up and dividing property is often the last thing on a couple’s minds before or during marriage, it makes sense to have peace of mind when it comes to property and other issues.

California is a community property state, meaning a couple’s assets can be separated equally by the courts when a divorce is finalized. Marital agreements, such as prenuptial and postnuptial agreements, can help couples avoid having a court determine the fate of their property. An experienced Whittier marital agreements lawyer at the Law Offices of Steven Ibarra can help you understand the best options for your situation. Contact us today to learn more and schedule a consulamtation with a strategic family attorney.

What is a Marital Agreement?

Marital agreements generally come in two forms: prenuptial agreements and postnuptial agreements. Either type of agreement is a contract between couples planning for marriage and beyond. When a marital agreement follows the state’s requirements for validity, it is a legally binding contract that is enforceable in court. Marital agreements can identify assets and clear up how such property is shared and divided. Some assets addressed in a prenuptial or postnuptial agreement could include:

  • Cash and bank accounts
  • Real estate holdings
  • Business ownership
  • Interests in family-owned property and inherited property
  • Vehicles and boats
  • Digital assets such as cryptocurrency
  • Any other item of value

A well-designed marital agreement will explain how the parties divide property in the event of divorce. For a prenuptial agreement to be valid in California, certain requirements must be met, including:

  • Full financial disclosure by both parties to the agreement
  • The opportunity for each party to obtain independent legal help if they choose
  • Fair and voluntary terms
  • Lack of coercion or fraud in the agreement
  • Legal capacity to sign a contract
  • Time for both sides to consider the agreement before signing (at least 7 days under state law)
  • Other factors a court finds relevant when reviewing an agreement

When preparing a marital agreement, our skilled Whittier lawyers can carefully follow California Family Code § 1615 to ensure your agreement is valid and enforceable in court.

Benefits of a Prenuptial Agreement or Postnuptial Agreement

Marital agreements can be viewed skeptically by some, but carry many potential benefits for both spouses. Some important advantages of premarital and postmarital agreements include the following.

The Chance For Honest Conversation

Instead of avoiding necessary financial discussions, marital agreements can bring couples together on issues that might have caused serious problems in the years to come.

Confirming The Marriage Is For The Right Reasons

Marital contacts can help confirm that both partners are entering marriage for the right reasons, and not with financial motives.

Avoiding Long And Costly Legal Proceedings

In the event a marriage ends in divorce, marital agreements can clarify complex property division problems well in advance and avoid prolonging an already painful situation.

Estate Planning Benefits

Estate planning benefits can include identifying how assets are to be distributed to the other spouse and children or other family members. An effective marital agreement can almost operate as a will in some ways.

A dedicated and compassionate marital agreement lawyer in Whittier will meet with you to put your plans into action through an effective marital agreement.

Contact a Marital Agreement Lawyer in Whittier Today

Marital agreements can help couples take control of their futures and ensure property is handled in a way they agree on. Our experienced family law attorneys can review your financial circumstances and goals, and create an agreement that works well into the future. To learn more, contact a Whittier marital agreements lawyer at the Law Offices of Steven Ibarra today.

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