California Pre and Post-Nuptial Agreements
Why You Need a Lawyer in Your Case
The Law Office of Bruce C. Bridgman is an Orange County family law firm with decades of experience and dedication to local clients. Obtaining effective nuptial agreements is a difficult process, and in order to ensure that they are enforceable, you need a lawyer on your side. There are many parts of the agreement that will need to be spelled out and carefully defined in order to accomplish the goals that you have concerning your possessions and the terms of your marriage and/or divorce.
Our firm has handled many of these contracts in the past, so we can give you the advice that you need and help make sure that there are no loopholes in the contract if it needs to be used in the future. Depending on whether you want a prenuptial agreement or a postnuptial agreement, there are unique aspects that will need to be planned out, and the assistance of an attorney is highly recommended.
Pre & Postnuptial Agreements – The Difference
The primary difference between these nuptial agreements is the time when they are created:
- A prenuptial agreement is a contract that both parties enter into prior to marriage.
- A postnuptial agreement is a contract that both parties enter after they have been married.
The prenuptial agreement is usually used by a bride and groom of significantly different net worth to protect their assets in the case of divorce. For example, if you have many assets in your name, such as bank accounts and real estate, and you wish to ensure that this will be protected in case your marriage ends badly, you might benefit from a prenuptial agreement. Some couples may agree that if the marriage ends due to infidelity, one spouse will not be entitled to the other's significant wealth.
If, after you are married, you wish to amend any of the terms of your agreement, you can do this by entering into a postnuptial agreement. The postnuptial agreement is generally used by married couples in order to establish how assets may be distributed in the case of divorce. The most common uses of these different agreements are to protect assets with a prenuptial agreement and to establish the disposition of property and assets with a postnuptial agreement.
What the Agreements Can't Do
If you want to establish a number of terms in your pre or postnuptial agreement, it is crucial that you understand exactly what can be accomplished with this and what cannot be accomplished. It is also important to realize that there are factors for which a judge may overrule the terms of this contractual agreement. For these reasons, you need an experienced divorce lawyer in Orange County to explain the specifics of your situation and advise you on the best course of action.
There are some cases where spouses may try to use a postnuptial agreement as a contract for how their children will be raised, who will raise them, and under what circumstances. This is not the purpose of a nuptial agreement. As a general rule, these nuptial agreements are for the purpose of planning the division of property in the case of divorce, not the division of children. If you are unsure about whether or not you can include an element in the contract, consult with an attorney.
Contact Us for a Free Consultation at (949) 558-2799
Our office understands the necessity for access to your attorney, and for a personalized approach. We offer 24/7 availability and a free consultation to all of our potential clients. Each nuptial case is different, involving different assets and different desires on the parts of the couples. Your case requires a unique perspective and a customized approach. When you choose The Law Office of Bruce C. Bridgman, your Orange County divorce attorney will take the time to learn your case and provide you with the unique representation that you need.
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