La Jolla Marital Agreements Lawyer
Drafting Comprehensive Pre- & Postnuptial Agreements
Marital agreements, including prenuptial and postnuptial agreements, are legal tools that are used to protect your rights in the event of a divorce. These agreements can be used to provide certain protections in case a couple separates in the future. At Dan McCandless Law, APC, our La Jolla marital agreements attorney has nearly a decade of experience protecting the rights and interests of clients in the process of drafting prenuptial and postnuptial agreements.
Premarital agreements, also called prenuptial agreements or “prenups,” are agreements that two people enter into prior to marriage. There is also a form of this agreement for couples who intend to live together indefinitely. The agreements are designed to protect assets from being considered community property and to address issues of property division and spousal support, if things don’t work out as planned in the future.
A premarital agreement may be used to define:
- How marital property will be divided
- Ownership of the family home
- Which spouse will pay spousal support
- How marital debt will be divided, including mortgages, loans, and credit card debts
- Ownership of valuable art, collectibles, and even pets
Certain issues cannot be addressed in a premarital agreement. California courts generally won’t enforce an agreement when spousal support is limited or waived. Attempting to put limits on child support or the custody of children can result in an agreement that won’t be upheld later. Since the goal is to ensure that you are protected in the future, having an enforceable agreement is essential. Our La Jolla marital agreements lawyer can help.
Creating an Agreement After the Wedding
A postnuptial agreement is a legal contract that is negotiated between a couple that is already married. Many people choose to create an agreement when something changes in the marriage or there is a substantial change in the financial situation, such as an inheritance, a successful business, or valuable new assets. The agreement can be helpful for clearly defining the rights and responsibilities of each spouse in the event of a divorce.
Reasons for a postnuptial agreement often include:
- Drug addiction
- A business that suddenly becomes successful
- A substantial increase in income for one or both parties
- One parent staying home and giving up earning power
- A special needs child
- Overspending that leads to financial instability
Marital agreements and the enforceability of the agreements is covered in California Family Code section 1610. According to California law, the requirements for a valid marital agreement include both parties entering into the agreement voluntarily and without deception, force, or threats. The agreement must be fair and not extremely favorable to one party over the other. In addition, there must be full financial disclosure of all assets, income, property, and debts. The agreement must be in writing, signed, and notarized.
Looking Out for Your Future
Marital agreements are designed to protect your future rights and interests. For this reason, it is beneficial for each spouse to have his or her own lawyer. Our La Jolla marital agreements attorney can help you determine if a marital agreement is the best way to achieve your goals and ensure that your agreement is fair and protects your rights.
Please call our law firm today at (858) 266-9171 to schedule an appointment for a consultation.