Hanford Prenuptial Agreement Lawyer

No one enters a marriage thinking that one day they will get divorced. However, these circumstances arise every day across the state of California, and some couples may wish to enter into a prenuptial agreement to protect their assets from becoming subject to community property division laws should a divorce arise. Prenuptial agreements can be complicated legal documents, and a Hanford prenuptial agreement lawyer can help.

Getting a prenuptial agreement does not mean you love your future spouse any less than couples who do not establish a prenuptial agreement. At Chase Family Law, we see this and value your drive. These documents are practical and can help clarify and organize all assets, debts, and income prior to marriage.

At Chase Family Law, our family law attorney understands that prenuptial agreements can be sensitive subjects, and we are ready to handle the establishment of your prenup with grace, compassion, and discretion.

Defining a California Prenuptial Agreement

In California, a prenuptial agreement is a written document that a couple enters into before their official marriage. It creates guidelines for certain issues that may arise during the marriage or in the course of any potential divorce or legal separation. These issues will likely concern the couple’s debts, property, assets, and income. A prenuptial agreement must be in writing and not simply a verbal arrangement.

A prenuptial agreement, or “prenup,” will last for the entire duration of the marriage and will come into effect when the couple is officially married. There are certain aspects that may expire during the marriage and other aspects that may only come into existence the longer the marriage lasts.

Without a prenuptial agreement in place, a couple will need to follow California laws in the event of a divorce or legal separation. These laws may work against the personal goals or objectives of either spouse and leave property or debt division up to state regulations rather than working with the unique circumstances of the parties involved. For example, without a prenup in place, you may have less control over your financial future in a divorce.

With a prenuptial agreement in place, you have the chance to create a custom arrangement that suits your unique goals and priorities. Having a prenup can also help you avoid any expensive divorce litigation and provide clarity in the event that your marriage dissolves.

There are several legal elements that must be met to create a legal and enforceable prenuptial agreement. These elements can include the following:

• Both parties entering into the prenuptial agreement must be represented by separate lawyers or legal teams.
• Both parties entering the arrangement must disclose their finances in full, including all debts and assets.
• The final form of the agreement must be given to each party at least seven days before it is officially signed.

Why You Might Want a Prenup

There seems to be a stigma around prenuptial agreements, making them seem unromantic or like you are planning for a divorce to occur in the future. On the contrary, there are several practical and protective reasons why someone would enter into a prenuptial agreement. You might want a prenup for the following reasons:

• You can protect your separate property. If you are entering into a marriage and own significant amounts of real estate or business interests prior to your marriage, a prenup can help ensure those holdings remain yours if a divorce were to occur. This can be especially vital in California, where any contributions to your separate property throughout your marriage could make it community property.

• You can create spousal support agreements. In the event of a divorce or legal separation, rather than having to rely on the spousal support regulations in California, a prenuptial agreement can include a lump sum payment or other custom guidelines based on the length of your marriage. The agreement can make this aspect of divorce or separation clearer for both parties.

• You can outline how property purchased in the marriage will be handled. A prenup can help create guidelines for how any new assets bought during the marriage will be treated and whether they will become community property or be labeled as separate property. It can also define how the value of this property will be calculated in a divorce, including any adjustments or improvements made to items like vehicles.

• You can offer terms for how income or investments will be divided. A prenup can help clarify how income or dividends from any separate property during the course of the marriage will be shared between the couple or how it will remain as separate property. This can help couples avoid any potential confusion that may arise in a divorce or legal separation.

• You can create financial contributions or annual gifts as a wealthier spouse. If you agree to gift money on an annual basis to support any shared expenses or personal savings, this can be established through a prenuptial agreement. Additionally, if real estate or a business is owned before the marriage, a prenup can help ensure those assets remain under your ownership.

How Chase Family Law Can Help You Establish a Legal Prenuptial Agreement

When you work with Chase Family Law, our attorney can undertake a financial disclosure with you, your future spouse, and their legal representation to create a term sheet, draft and revise the official prenuptial agreement documents, and finalize and sign the necessary paperwork.

Speak to an Experienced Family Law Attorney Today

If you believe a prenuptial agreement is right for you, it’s time to contact Chase Family Law. Our prenuptial agreement lawyer can work with you to ensure the document is created in a legal, valid, and enforceable way. You can trust Chase Family Law to keep your interests and goals in mind when establishing a prenuptial agreement in your upcoming marriage. Call our office today for an initial consultation.