Prenuptial & Post-Marital Agreement Lawyers in Carlsbad

Protect Your Property & Assets with a Marital Agreement

It is a misconception that only people with a significant amount of financial or physical assets can benefit from a prenuptial agreement. In reality, couples of all financial backgrounds should understand the value of such an agreement. Whether used to address property division in the event of a divorce or estate planning that dictates what a child is entitled to, prenuptial and post-marital agreements outline requirements for the future to be upheld in a court of law. At Beringer Law Firm, our experienced attorneys can counsel our clients on their options.

Benefits of a Prenuptial Agreement in California

According to California’s Uniform Premarital Agreement Act, a prenuptial agreement signed by both parties becomes effective once the couple gets married.

With a prenuptial agreement, a couple can specify:

• A waiver of spousal support
• Separate property
• Community property
• Inheritance rights
• Provisions in a will or trust

A prenuptial agreement is unable to dictate child support, child custody, and child visitation should the marriage end in divorce. There are additional limitations as noted by law. A Carlsbad prenuptial agreement lawyer can help navigate the complexities of these laws and ensure your agreement contains relevant provisions. Our firm serves couples throughout San Diego County.

More reasons to consider a prenuptial agreement:

• Prenuptial agreements can supersede many state divorce laws. In the event of a divorce, your prenuptial agreement will allow you and your spouse to control disposition of your assets, debts and financial obligations to each other. Keeping your case out of the courtroom will save you time, money, and unnecessary stress.

• Securing a prenuptial agreement does not mean that a relationship is unstable or that divorce is inevitable. Think of a prenuptial agreement much like a car insurance policy. Most individuals do not purchase car insurance intending to use it, but in the unfortunate event of a car accident, it is of great benefit to have.

• A prenuptial agreement may help you and your future spouse avoid arguments about finances. When you and your future spouse work together to draft a prenuptial agreement, you are more likely to go into your marriage informed about finances and better able to plan your future together.

What Is the Difference Between a Prenuptial & Post-Marital Agreement?

As noted by the name, a prenuptial agreement is one that occurs before a couple has entered into marriage with one another. By making decisions about assets and property division before marriage, a couple understands what to expect from a divorce or untimely death from the beginning. In contrast, a post-marital agreement is written after marriage. Since some kinds of property become community property once a couple is married, it is imperative to work with a lawyer that understands how to fairly divide these assets.

What Should be Included in a Postnuptial Agreement?

The following information is what normally is included in a postnuptial agreement:

• You must be able to present a disclosure of liabilities. These include any loans you've acquired such as mortgage or vehicle.
• A properly written agreement will be specific about important definitions such "property" or "assets".
• Each spouse must make it clear that their intent is to enter a postnuptial agreement.
• The agreement must also make it clear who will receive the assets and/or liabilities in the event that one of the spouses passes away.
• Each spouse must be completely transparent with their financial situation. This includes revealing any property, real estate, money, etc.

Are Postnuptial Agreements Enforceable in California?

The enforceability of a postnuptial agreement will always be governed by the state and its statutes. In most cases, they are enforceable as long as they are properly written and executed. However, anyone that commits fraud by tricking their spouse into signing a postnuptial agreement before they divorce, will not have their document be valid.

Putting Your Needs First and Protecting Your Rights

An agreement needs to be legally sound in order to stand up in court. Our attorneys can ensure your prenuptial and postnuptial agreement is written according to the standards of the law. When you work with Beringer Law Firm, we remain committed to personalized representation that puts your needs first. We can help you craft an agreement that protects your interests in a cost-effective manner.