Beverly Hills Prenuptial-Postnuptial Agreements
If you are engaged to be married, you might want to consider a prenuptial agreement. Signing a prenuptial agreement does not mean you are planning a divorce, but it does mean you are thinking about protecting your assets and interests. The same is true if you sign a postnuptial agreement after you are married.
A prenuptial-postnuptial agreement can make a divorce in Beverly Hills, California, easier, quicker, and less costly, should you and your spouse decide to dissolve your marriage. However, a marital agreement only helps when negotiated in good faith and executed according to California law. For that, you need an experienced Beverly Hills prenuptial-postnuptial agreement lawyer.
Our Beverly Hills divorce lawyers have over 25 years of combined experience handling family law matters. We are top-rated California family law attorneys, receiving recognition from prestigious legal organizations, including The National Trial Lawyers and Super Lawyers. We have a 5-star rating with Avvo, Google, and Yelp.
Contact Berenji & Associates Divorce Lawyers at (310) 271-6290 to schedule an initial consultation and learn more about prenuptial-postnuptial agreements in California.
How Berenji & Associates Divorce Lawyers Can Help With Your Prenuptial or Postnuptial Agreement in Beverly Hills
Creating a prenup or postnuptial agreement without a lawyer is unwise. These documents are legal contracts that can be enforced by a court. Therefore, your spouse could enforce the agreement even if you did not negotiate the best terms for divorce.
Hiring an experienced Beverly Hills prenuptial-postnuptial agreement attorney ensures that you have an advocate working to protect your legal rights and best interests. Our attorneys at Berenji & Associates Divorce Lawyers have extensive experience helping clients with prenups and postnups.
We work with you to identify your goals and needs should you divorce. Our lawyers will develop a negotiation strategy to achieve a fair agreement that accomplishes your goals and protects you.
When you hire us to represent you in prenuptial-postnuptial agreement negotiations, we will ensure that:
- Both parties provide detailed, complete, and accurate financial disclosures.
- All assets are identified as marital assets or separate property, including provisions for assets and property acquired after marriage
- Include terms to protect your separate property so that it is not included in property division
- Negotiate a property division agreement that complies with California’s community property laws
- Ensure that the agreement does not contain any invalid provisions
- Negotiate fair terms for alimony or spousal support. This step is very important if one of the spouses gives up their career to stay at home or contributes to the other spouse’s career
- Prevent you from being forced or coerced to sign a prenuptial-postnuptial agreement with terms and conditions that are not in your best interest
- Include provisions to protect you from paying an unfair share of marital debts if you divorce or separate
- Explain the legal and financial consequences of signing a prenuptial or postnuptial agreement so that you understand the entire agreement
- Ensure that the prenup or postnup is written, signed by both parties, notarized, and meets all requirements for a valid marital agreement in California
You are entitled to legal counsel before you sign a prenuptial-postnuptial agreement. When you hire our Beverly Hills family and divorce lawyers, you’ll benefit from our decades of legal experience, resources, and skills at the negotiating table. You can be assured that we will do everything within our power to protect your interests.
If you have questions about prenuptial-postnuptial agreements or want more information, contact Berenji & Associates Divorce Lawyers to schedule an appointment with an attorney today.
What Is a Prenuptial Agreement in California?
Prenuptial agreements or premarital agreements are governed by the California Uniform Premarital Agreement Act. Prenups are formal written contracts two people enter into before they are married. The prenup does not become effective until the parties marry each other.
A prenup is designed to settle financial issues should the parties separate or divorce. However, prenups can also define how the parties intend to handle financial matters during the marriage.
Examples of financial issues a prenup can address include:
- Designate all assets each person owns at the time of the marriage
- Identify the property that will remain separate property
- Determine what will define marital assets, if any
- Explain each person’s rights regarding finances, assets, and debts during the marriage, separation, or divorce
- Identify all debts that each person owes and how debts will be divided if the parties separate or divorce
- Define each spouse’s rights and interests in the other spouse’s estate, including waiving an interest in the estate
A prenuptial agreement is intended to resolve financial issues before they become a problem. The agreement can provide a way to resolve disagreements to avoid costly and stressful litigation.
What Is a Postnuptial Agreement in California?
A postnuptial agreement can address the same issues as a prenuptial agreement. The spouses can decide how to divide marital assets and debts during a divorce or if one spouse dies. They can agree to pay or waive spousal support.
The difference between a prenup and a postnuptial agreement is when it is signed. A postnuptial agreement is signed after a couple is married. A postnup must be executed according to California law to be valid and enforceable.
Even though the parties are married, they should have separate legal counsel to negotiate a postnuptial agreement. Having separate counsel can reduce the risk of a court finding the postnup invalid. It also ensures that your best interests are represented during negotiations.
Are There Terms You Cannot Include in a Prenup or Postnup in Beverly Hills, CA?
Prenuptial-postnuptial agreements can cover most issues a couple would address during a separation or divorce. However, there are two important terms that prenuptial-postnuptial agreements cannot include under California law.
If you include terms related to these issues, they are unenforceable. The court must address these issues in a separation or divorce proceeding.
Child Custody
A marital agreement cannot include terms that decide child custody issues. For example, you cannot include an agreement that the children will live with one spouse after the divorce and the other spouse will have unlimited visitation rights.
The court has jurisdiction over children in custody matters. Parents can submit a proposed parenting plan and time-sharing agreement, but the judge has the final say. Judges are required to decide child custody issues based on the best interests of the child.
The Amount of Child Support and Alimony
Child support is based on standard child support guidelines in California. However, judges have the authority to deviate from the guidelines.
Courts grant alimony or spousal support after considering numerous factors outlined in California Family Code §4320. Factors include but are not limited to, whether each spouse has sufficient income to maintain their current standard of living, the length of the marriage, and the need/ability to pay alimony.
Other factors include evidence of domestic violence, the age and health of the spouses, and the value of the couple’s marital property.
Do I Need a Prenuptial or Postnuptial Agreement in Beverly Hills, CA?
Most couples can benefit from prenuptial-postnuptial agreements. A marital agreement can avoid lengthy and costly divorce litigation by narrowing the issues that the court must decide.
The agreement can also help protect a spouse’s separate property from being included in the community property division. Because California is a community property state, each couple has a 50% interest in almost all assets and income either spouse receives during the marriage. A prenuptial-postnuptial agreement allows the parties to agree to split their assets and debts on their terms.
Therefore, prenuptial-postnuptial agreements are not just for wealthy individuals. They can benefit all parties. However, some situations and circumstances indicate you may want to seriously consider signing a prenuptial or postnuptial agreement. Those factors include:
- Owning a business or having a business interest
- Having significant wealth and assets
- Owning assets that are difficult to divide
- Having children from a previous marriage or relationship
- Protecting property you own before the marriage
- Waiving spousal support or agreeing to pay spousal support, subject to the amount being approved by the court
- Clarifying financial obligations during the marriage
- Protecting future gifts and inheritances
- Deciding who will receive possession of animals and pets
- Minimizing legal fees and court costs
- Addressing infidelity by either spouse
Prenuptial-postnuptial agreements can also protect the couple’s privacy and social image. A valid marital agreement can keep matters private during a divorce instead of making the information a part of the public record.
Confidentiality and privacy are important to wealthy and famous couples, but all couples can benefit from keeping their divorce proceeding as private as possible.
Schedule a Free Consultation With Our Beverly Hills Prenuptial and Postnuptial Agreement
We’ll handle all matters related to negotiating and drafting your prenup or postnup agreement. Our sole goal is to protect your rights and best interests. We’ll ensure you understand what you are signing and what the terms mean for your future.
Contact Berenji & Associates Divorce Lawyers to discuss a prenuptial or postnuptial agreement with an experienced Beverly Hills family lawyer. We can help you navigate all issues related to prenups and postnups, including representing you in a divorce action or other family law matters.