We all enter into marriage with the idea that it will not end. No one, after all, gets married with the expectation that the situation will end in divorce. The unfortunate fact is that many marriages do end and a messy court process often follows. This messy process can result in arguments over who should receive which asset and who should be responsible for which debt. A premarital agreement can allow you to proceed through your marriage without having to worry about such potential issues. Our Orange County attorneys handle the drafting of prenuptial agreements for those preparing to marry. Call our lawyers today to schedule an initial consultation.
Prenuptial agreements put a plan in place regarding how assets will be divided in the event of a contested divorce. If no agreement is in place then California law will apply when deciding issues such as community property distribution and the award of spousal support. By having an agreement in place prior to marriage, however, it can be predetermined that property and assets will remain separate during a marriage and any issues of spousal support can be decided in advance. If, for example, the soon to be spouses decide that each of their wages shall be separate property, and that no support would be awarded upon the end of the marriage, then such would be the final order upon the dissolution of a marriage. This can allow the spouses to go through their married life without concerns over financial issues.
Premarital agreements also play an important role when it comes to protecting one’s assets against creditors of their future spouse. California is a community property state. This means that if you marry someone with debt problems then your spouse’s creditors could potentially put a lien on your wages to satisfy obligations which were incurred well before your wedding. By having a prenuptial agreement, and keeping your wages separate, you potentially shield yourself from such problems.
Our Orange County family law attorneys handle the preparation of premarital agreements. We will use your initial consultation to identify all potential issues which need to be covered in the agreement and to help you understand whether an agreement is in your best interests. We will then prepare the document and take steps to ensure it will stand up to scrutiny in the event that it is challenged in a divorce proceeding. We understand that the preparation of such a document can have a huge impact on your future. We will give the matter the attention it deserves. Contact us today.
Our attorneys service Aliso Viejo, Anaheim, Buena Park, Costa Mesa, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, Ladera Ranch, Laguna Beach, Laguna Hills, Laguna Niguel, Lake Forest, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Tustin, Westminster, and Yorba Linda.