A prenuptial agreement is a written contract between an engaged couple in which they set forth agreements concerning financial matters, including the distribution of property and assets and payment of spousal support should their marriage end in divorce or death.
In general, any financial issue can be dealt with in a prenuptial agreement, including spousal support, though matters such as child support or child custody may not. The agreement, if written according to California’s Uniform Premarital Agreement Act, becomes effective and enforceable through the Courts once the marriage takes place. A postnuptial agreement is similar to a prenuptial agreement except for the fact that it is created after the marriage has already occurred.
Drafting and putting into effect a prenuptial or postnuptial agreement can be a complicated prospect, especially in cases where complex financial holdings are involved. In order to ensure that your agreement is valid and effective, you should consult with an attorney who is well-versed in such matters. At The Berman Law Group, you can get the legal guidance you need in constructing such a document. As a Los Angeles divorce lawyer, our attorneys have an in-depth understanding of all of the factors involved in making such an agreement legal and enforceable.
Legal Requirements for Prenuptial Agreements
In a prenuptial agreement, the individuals involved must engage in full financial disclosure. No part of the agreement must be unfair or unconscionable nor must either party be coerced into the agreement. Both parties must understand all of the terms of the agreement; independent counsel for each party is advised in order to make a later challenge to its validity less likely.
While a postnuptial agreement sets forth the same financial agreements that a prenuptial does, it may be viewed differently by the Courts as married partners have duties towards one another that unmarried persons do not. To ensure that your prenuptial or postnuptial agreement complies with state and case law, having the legal counsel of a competent attorney is vital.
Contact a Los Angeles prenuptial agreement lawyer at the firm for capable legal representation in a prenuptial or postnuptial agreement today.
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