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
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
- 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.
Contact us today!