Marriage is an exciting part of life’s journey that includes not just sharing a living space, but often, finances, families, and everything that was once just yours.
Although the possibility that the marriage might not work or is simply not a good fit isn’t something anyone wants to think about while preparing for the big day, divorces do occur.
It is sometimes in yours and your family’s best interests to have a premarital agreement just in case.
Even if you have a premarital agreement in place before you tie the knot, you may find you still need a Rancho Cucamonga Prenuptial Lawyer later, if you decide to change it or execute the words found therein.
Premarital agreements are also commonly referred to as prenuptial agreements, which outline the assets and debts a person has before he or she is married. A premarital agreement sets terms that take effect once the couple is married and must follow specific guidelines. For example, the agreement must be written – an oral agreement you make with your fiancé isn’t going to be useful.
Also in California, prenuptial agreements might seem broad in areas such as the definition of “property”, there are specific provisions for things such as spousal support. Premarital agreements often designate separate or community property, earnings during the marriage, and rights to inheritances especially in situations where there are children from previous marriages.
Because California is a no-fault state and a community property state, there are guidelines specific to premarital agreements made in the state.
Furthermore, some requirements are similar those in other states. For example, while you can address nearly any type of financial issue in a premarital agreement, you can’t include obligations such as penalties for adultery or frequency of sex or household chores.
In order for a settlement to be valid, both parties must disclose all information, and make the agreement without coercion or threats. Furthermore, the parties must understand what they are agreeing to and signing, and in California, you have at least seven days from the time you receive the agreement to the date you sign to consider its terms.
Unfortunately, premarital agreements aren’t always bullet proof. Many couples believe that the agreement made before marriage protects themselves and their children in the event there is a divorce, but this isn’t guaranteed. According to California law, either party can amend or revoke the agreement after you are married, and if either party contests the prenuptial agreement during a divorce, you’ll need Laurence J. Brock to help you make sure the other party is held to the terms he or she agreed to before you were married.
While many couples go into marriages without expecting divorce and believing the premarital agreement won’t ever be necessary, there are cases where the agreement will need to be enforced. In these situations, it’s important you have The Law Office of Laurence J. Brock behind you, regardless of the side of the agreement you are on.
Premarital agreements might be contested for various reasons. For example, they can become invalid or partially invalid due to one party stating they hadn’t agreed voluntarily.
Other examples include instances where one or both parties don’t receive proper representation by independent counsel, wasn’t fully informed, or experienced undue influence when creating the agreement.
There could also be accusations of unfair advantage and in more serious cases, domestic violence or abuse, which can potentially invalidate a premarital agreement. While many of these areas might seem vague and broad, they can result in serious consequences that affect you and your family’s future.
Whether you are newly engaged and planning for the future or find yourself at any phase of the marriage considering the terms of your premarital agreement, The Law Office of Laurence J. Brock can help.
Many family law cases in this area of Southern California require the expertise of a Rancho Cucamonga Prenuptial Lawyer, to make sure you receive fair and legal treatment before the marriage and throughout.