Protect Your Assets With A Premarital Agreement
In recent years, we have seen a significant increase in the number of engaged couples deciding to conclude premarital agreements. Also called a prenuptial agreement, such a document can protect the assets you bring to a marriage or acquire during marriage. It can also provide a measure of certainty regarding the division of property and/or payment of spousal support should a divorce occur.
In the past, premarital agreements were typically used in situations in which one party had significantly more assets than the other party. Nowadays, however, couples from across the income spectrum are choosing to conclude premarital agreements.
Premarital Agreement Attorneys In Los Angeles
At Lauzon Paluch in Los Angeles, we regularly draft premarital agreements for clients throughout Southern California. We also review proposed agreements and provide opinions regarding the enforceability of existing premarital agreements.
An attorney at our firm can review your situation, answer your questions and discuss particular aspects of your case.
Drafting A Premarital Agreement That Will Hold Up In Court
A premarital agreement is a way to circumvent or modify California’s community property laws, but a mistake when drafting an agreement can render it invalid. At our law firm, we take great care when preparing premarital agreements, working diligently to protect our clients’ rights.
For a premarital agreement to be valid under California law:
- Each party must have their own lawyer or be notified and given an opportunity to retain a lawyer.
- There must be full disclosure by both parties of their respective assets and debts.
- There must be no coercion or pressure during the process.
- Sufficient time must be provided from the presentation of the premarital agreement until the date it is signed so that each party can review the document and consult with counsel.
That last point is very important. Do not wait until the last minute before speaking with a lawyer about getting a premarital agreement. Having sufficient time before the marriage can allow us to identify key issues and request information from the other lawyer so that we can fully protect your rights.
Assisting With Postnuptial Agreements For Married Couples
In addition to preparing prenuptial agreements, we also prepare and review postnuptial agreements. These are especially useful for spouses who have left high-paying jobs to care for children. There are many more uses for this type of document as well.