What to Know About Prenuptial Agreements in California

There are few tools more useful than prenuptial agreements, and though there used to be a stigma attached to drafting such agreements, this is no longer the case. The fact is, roughly 50% of marriages end in divorce, and couples nowadays recognize this, which is why more and more couples draft these agreements to protect their assets from the pitfalls of divorce. Read on and speak with our Los Angeles family law attorneys to learn more about prenuptial agreements and how we can help you draft one that works best for you both.

Why do couples draft prenuptial agreements?

People draft prenuptial agreements primarily to protect their assets from a potential divorce. Essentially, prenuptial agreements are contracts, and when couples get divorced, they are required to abide by the terms of their prenuptial agreements. After drafting one, you will not have to worry about the fate of your hard-earned assets, should you ever get divorced in the future.

What determines whether a prenuptial agreement is valid in California?

If your prenuptial agreement is invalid, it cannot be used in a court of law, which is why it is so critical that you hire an attorney who can ensure that your agreement is valid and enforceable under the Uniform Premarital Agreement Act. For a prenuptial agreement to be considered valid, it must meet the following criteria:

  • It must be signed with the valid consent of both parties with no evidence of fraud, manipulation, or coercion into signing the document.
  • The prenuptial agreement must not have any negative impacts on the children the couple has or will have in the future. They solely deal with financial matters, not that of custody.
  • They must be drafted before marriage.

Can prenuptial agreements be drafted after marriage?

Unfortunately, you cannot draft a prenuptial agreement after you are already married. However, you may still draft a document known as a postnuptial agreement, which essentially serves the same purpose, though postnuptial agreements are exclusively drafted after marriage. For any further questions, contact our seasoned Los Angeles family law attorneys today. We are ready to guide you through every step of the process ahead.

Contact our experienced Los Angeles firm

Divorce and family law issues are notoriously complicated and personal, which is why you must hire an attorney with years of experience, as well as the compassion and skill needed to handle these sensitive matters. For the qualified, dedicated legal representation you and your family deserve and need, contact Zitser Family Law Group, APC today.

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